STATE OF GUJARAT Vs. THAKOR HENGABHAI VARUBHAI

JUDGEMENT

(1.) The State has preferred present appeal feeling aggrieved and dissatisfied with the judgment and order dated 14.02.2006 passed by learned Additional Sessions Judge, 2nd Fast Track Court in Sessions Case No. 64 of 2005.

(2.) The case of the prosecution is that on 11.7.2005 at about 19=00 hours, the respondent accused has given Dhariya blow to son of complainant on the head and on account of that the deceased succumbed to injuries. The detail narration of the incident is mentioned in the FIR on account of which, the complaint came to be registered, which was lodged before the Radhanpur Police Station being I.CR. No. 102 of 2005 for the offences punishable under Section 302 of IPC read with Section 135 of the Bombay Police Act. The said complaint came to be investigated by the Investigating Officer, who carried out the inquest panchnama and also drawn the panchnama of scene of offence, has also collected necessary muddamal articles from the scene of offence and sent it to FSL for further examination, has also recorded the statement of some of witnesses and after undertaking all necessary requisite inquiry, chargesheet came to be filed before the Court of learned JMFC at Radhanpur, which was registered as Criminal Case No. 661 of 2005.

(3.) The offence, which was registered, was triable by the Court of Sessions, on 20.09.2005, learned Magistrate in exercise of powers under Section 209 was pleased to commit the case to the Session at Patan and learned Judge thereafter has registered the case as Sessions Case No. 64 of 2005. Since the accused persons denied the offence being committed, the charge came to be framed vide Exh. 3, and accused have claimed to be tried, resultantly the statements came to be recorded at Exh. 4. The prosecution has examined as many as 10 witnesses and have also produced the documentary evidence to prove the case and after closure purshis, having been given the further statement of accused persons came to be recorded under Section 313 of the Code of Criminal procedure and pursuant to which, since the accused persons have denied to have committed the offence, the case was put up for trial.