- (1.) This is an appeal preferred by the appellant-State of Gujarat under Section 378 (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 09/12/2004 recorded by the learned Additional Sessions Judge, Fast Track Court No.4, Bhavnagar in Sessions Case No.3 of 2004 whereby the learned Trial Judge acquitted the respondents-accused, of the charges for the offence punishable under Sections 324 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.
(2.) Brief facts of the case are that the original complainant Babubhai Karimbhai is residing at Bhavnagar and doing business at Alang. On 29/03/1999, at about 12:15 p.m., when he was going to pay money to the shop of Rameshbhai near Hotel of Bhimabhai at Madhia road, the accused persons came there and accused Babubhai Shivrambhai Purani Harijan assaulted the complainant with iron pipe without uttering a single word and then ran away. Thereafter, when the complainant came to his house, he was taken to Bhavnagar Government Hospital where the complaint was lodged before the Assistant Sub Inspector who was on Hospital Duty. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, the respondents were arrested and, ultimately, charge-sheet was filed and submitted the same before the Chief Judicial Magistrate, Bhavnagar. However, as the case being exclusively sessions triable, the same was committed before the learned Additional Sessions Judge, Fast Track Court No.4, Bhavnagar, as per Section 209 of the Code of Criminal Procedure where the case was registered as Sessions Case No.3 of 2004. The trial was initiated against the respondents.
(3.) To prove the case against the present respondentsaccused, the prosecution has examined about nine witnesses and also produced several documentary evidence.;