Gujarat High Court
State Of Gujarat vs Bakabhai Ramanbhai Nayka on 13 December, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.MA/17304/2023 ORDER DATED: 13/12/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 17304
of 2023
In F/CRIMINAL APPEAL NO. 34718 of 2023
==========================================================
STATE OF GUJARAT
Versus
BAKABHAI RAMANBHAI NAYKA
==========================================================
Appearance:
MS. KRINA CALLA, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 13/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. On 30.11.2023, this Court has passed the following order:
"Though served, no one has chosen to appear on behalf of the respondent. Stand over to 13.12.2023."
2. The present application has been filed seeking leave to appeal i.e. Criminal Appeal against the acquittal of the respondent -accused who was charged for the offence punishable under Sections 302 of the Indian Penal Code, 1806 and Section 135 of the G.P. Act by impugned judgment and order dated 8.6.2023, in Sessions Case No. 4 of 2022.
3. Learned APP Ms. Krina Calla for the applicant - State has Page 1 of 3 Downloaded on : Mon Dec 18 20:34:55 IST 2023 NEUTRAL CITATION R/CR.MA/17304/2023 ORDER DATED: 13/12/2023 undefined submitted that the prosecution has examined 15 witnesses and also produced 23 documentary evidences in support of the case of prosecution. However, the learned Judge has not properly appreciate all these oral as well as documentary evidences available on the record of the case in its true and proper perspective.
4. Learned APP has further submitted that the learned Judge has erred in holding that prosecution has failed to appreciate that the complainant namely Amitbhai Bakabhai Nayak son of the deceased saying that on 18.06.2021, at about 13:30, accused person had demanded the money from the complainant's mother (deceased). Thereafter, deceased refused to pay. Thereafter the accused person quarreled with the deceased and had inflicted the stick blows on the neck of the deceased. She also submitted that the learned Judge ought to have appreciated that the PW-2 - Dhavalbhai Ashokbhai Patel was examined at Exh.8, PW-3 - Umeshbhai Mahendrabhai Patel was examined at Exh.13, PW-7 Anilbhai Bakabhai Nayka was examined at Exh.27, PW-8 Kalpanaben Bakabhai Nayka was examined at Exh.28, PW-10 - Ajaybhai Pravinbhai Patel was examined at Exh.30.
5. Learned APP has also submitted that the learned Judge has not properly appreciated the evidence of PW-13 - Dr. Nisarg Karshanbhai Humal, who has examined at Exh.34, he had conducted the post mortem of the dead body - Sangitaben. He had specifically mentioned that the death was caused due to cardio respiratory failure due to head and neck injury. She also submitted that PW-14, Sunilbhai Nagbhai Patel was examined at Exh.43, PW- 15 - Bharatsinh Sohansinh Chauhan was examined at Exh.61. These Police witnesses fully supported the case of the prosecution. She Page 2 of 3 Downloaded on : Mon Dec 18 20:34:55 IST 2023 NEUTRAL CITATION R/CR.MA/17304/2023 ORDER DATED: 13/12/2023 undefined submitted that the learned Judge has committed grave error in disbelieving and discarding the evidence of these witnesses and the learned Judge ought to have convicted the accused persons.
6. Learned APP has submitted that the learned Judge ought to have appreciated the contents of the scene of panchanama, which was produce at Exh.9, discovery panchanama, which was produced at Exh.15, Post mortem report, which was produced at Exh.38, the complaint, which was produced at Exh.7, FSL letters, which were produced at at Exh.54, 57 and the FSL report, which was produced at Exh.55, 56 and 58. In the light of the evidence of the Investigating Officer, those documents have been proved.
7. Having regard to all the aforesaid submissions, the averment made in this application have remained uncontroverted as the respondent has chosen not enter appearance. Prima-facie, on perusal of the evidence, we are inclined to grant this leave to appeal. Hence, the present application is allowed.
(A. S. SUPEHIA, J) (VIMAL K. VYAS, J) prk Page 3 of 3 Downloaded on : Mon Dec 18 20:34:55 IST 2023