ARVINDJI LAXMANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 24/9/2020 passed by the learned 4th Additional Sessions Judge, Mehsana in Sessions Case No.66 of 2017, whereby the respondents accused came to be acquitted for the offences punishable u/s 302, 323, 504, 114 of the IPC and u/s 135 of the G.P. Act, the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code ").

(2.) Briefly stated, on 11/7/2017 at about 8 o'clok in the morning, the complainant, deceased Shaileshji (brother of the complainant) and his cousin brother were making a shed for cattle and for that purpose iron sheets (patra) was lying at the place. During the process of making the shed, original accused No.3 Kiranji came on a motorbike and driven over the iron sheets and damaged the same and therefore, the deceased asked original accused No.3 for the reason of doing so and at that time, original accused No.3 got exicted and started using filthy language. Immediately, thereafter, original accused No.3 rushed to his house and came out with a knife as well as other accused i.e. accused Nos.2 to 4 herein accompanied him. Original accused No.3 had inflicted knife blows to the deceased and the respondent No.3 herein had inflicted stick blow on the head as well as left leg of the complainant; the respondent No.2 herein had caused injury to the cousin brother of the complainant by stick; respondent No.4 herein also caused injury by means of stick. Thereafter, one Jagdishji came ou shout of the complainant and rescued them. Thereafter, the deceaesd was initially taken to the hospital on bike and in the midst of the road, the deceased was shifted into 108 ambulance and on reaching to the hospital, the doctor had declared the deceased dead. Thereafter, the complainant lodged the complaint with regard to the incident before Visnagar City Police Station, which was registered as I - C.R. No.74 of 2017 for the offences u/s 302, 323, 504, 114 of the IPC and u.s 135 of the G.P. Act.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant documentary evidence in form of medical evidence and other relevant evidence for the purpose of proving the offence. After having found material against the respondents accused, charge-sheet came to be filed in the Court of learned Chief JMFC, Visnagar. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Mehsana as provided under sec. 209 of the Code.