MAGANBHAI BHAICHANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner who is first informant in Criminal Case No. 4967 of 1997 preferred this Criminal Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure (in short the Cr.P.C.) challenging the order of acquittal recorded by JMFC, Patan on 21/7/2007 in Criminal Case No. 4967 of 1997 whereby the respondent Nos. 2 to 6 herein who were original accused in the aforesaid criminal case came to be acquitted for the charges of commission of offence punishable under Section 504, 506(2) of Indian Penal Code and Section 183 and 184 of the Gujarat Panchayat Act.

(2.) HEARD learned advocate Mr. M. K. Patel for the petitioner, learned APP Mr. Maulik Nanavati for the respondent -State and learned advocate Mr. Malik for respondent Nos. 2 to 6 (original accused).

(3.) LEARNED advocate Mr. Patel for the petitioner submitted that the Trial Court committed serious illegality in not properly appreciating the evidence on record. It is submitted that considering the evidence of Panch witness Saileshbhai Haribhai, Exh.40, the factum of damage is established. Considering the evidence of first informant Maganbhai, Exh.26 and evidence of Jayantibhai, Exh.39, the involvement of all the five accused persons in the incident is established. Despite this, the Trial Court came to the conclusion that the prosecution has failed to prove the case beyond any reasonable doubt against the accused persons though as a matter of fact, there was cogent, clear and trustworthy evidence on record to record conviction of all the five accused persons. Learned advocate Mr. Patel took me through the oral evidence of the aforesaid three witnesses and submitted that the Trial Court committed illegality and irregularity in recording acquittal of the accused persons. Therefore, it is submitted that the revision petition deserves to be allowed.