LAWS(GJH)-2009-9-228

STATE OF GUJARAT Vs. SHAILESHBHAI KANTILAL CHAMAR

Decided On September 07, 2009
STATE OF GUJARAT Appellant
V/S
SHAILESHBHAI KANTILAL CHAMAR Respondents

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 26. 2. 2009 passed by the learned Additional Sessions Judge, Court No. 12, Ahmedabad in Sessions Case No. 42 of 2006 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The complainant- Maheshbhai D. Chamar, was residing at Narod and doing labour work. The accused are the cousin brothers of the complainant. When the complainant had been to his home from work near Krushnanagar, some unknown persons bet the complainant. When the complainant went to meet the accused and asked about the same, they got exited and gave fist blows. Upon hearing the shout of the complainant, people came there and the accused ran away. With consent of his elder sister and mother the complaint was lodged against the respondents.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them.