Gujarat High Court
State Of Gujarat vs Balabhai Aalabhai Rathod on 28 July, 2021
Bench: Rajendra M. Sareen
R/CR.MA/972/2021 ORDER DATED: 28/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 972 of 2021
In
R/CRIMINAL APPEAL NO. 75 of 2021
With
R/CRIMINAL APPEAL NO. 75 of 2021
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STATE OF GUJARAT
Versus
BALABHAI AALABHAI RATHOD
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Appearance:
MS. JIRGA JHAVERIS, APP (2) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 28/07/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The applicant-original complainant - State of Gujarat has
preferred Criminal Appeal challenging the judgment and order of
acquittal dated 3rd October, 2019 passed by the Court of Addl.
Sessions Judge, Jamnagar in Sessions Case no.189 of 2016, whereby
the Court acquitted accused for the offences punishable under
Sections 307, 324, 323, 327, 337, 143, 144, 147, 148, 149 and 114
of the Indian Penal Code and Section 135(1) of the Gujarat Police
Act.
2. The opponent accused alleged to have assaulted the first
informant and the prosecution witness in furtherance of the criminal
conspiracy and with a common intention to assault the first
informant and others. The opponent no.2 dashed his JCB tractor
R/CR.MA/972/2021 ORDER DATED: 28/07/2021
bearing registration no. GJ-10X-8064. The first informant was
thrown on the ground with the hook of the JCB tractor and thereby
causing the severe injuries to him. The opponent nos.3 to 5 have
assaulted the complainant the other. The opponent no.2 alleged to
have inflicted Axe blow on the head of Bharatbhai Gorabhai and
others have assaulted with wooden bat and other instruments. This
resulted into the I-C.R. No.29 of 2014 and the FIR came to be
registered at Shethvadala Police Station.
3. It appears that the Sessions Case no.189 of 2016 permitted
the prosecution witness 12 in number and documentary evidence
19 in number to be adduced for proving the charges, which have
been against the opponents.
4. We have heard learned APP, who has strenuously urged that
the evidence of the first informant Mr. Bhanjibhai Hamirbhai is clear
enough that he was standing on the road and at that stage the two
of the opponents Balabhai and Bavabhai came with JCB tractor and
JCB tractor was dashed with him and he fell down. Gobarbhai and
Rasikbhai came with the sticks and Arjanbhai has Axe in his hands
sustained the fracture injury at the time when Gobarbhai had
beaten him with the stick. He was taken to Guru Govindsinh
Hospital at Jamnagar and where he was kept for 25 days as an
indoor patient. The complainant had been lodged. The medical
examination also had taken place. The evidence of PW9 and PW10
the injured witnesses were supported the case of the prosecution
according to the prosecution having been overlooked.
5. We notice the chronology details given by the first informant
for its narrated details that as to how the JCB was driven and kind of
injury, which had been sustained. Noticing the role of the
R/CR.MA/972/2021 ORDER DATED: 28/07/2021
opponents, nature of injuries, which has come on the record
collaboration evidence of medical experts and medical papers so
also from the report of Forensic Science Laboratory, we are inclined
to permit the applicant State and allow leave to appeal. This
application accordingly disposed of.
Order in Appeal :-
Admit.
Let the Notice of admission be issued to the other side
returnable on 13th August, 2021. The R. & P. be called for along
with the paper book soft copy of which shall also come so as to
reach this Court in six months period.
(SONIA GOKANI, J.)
(RAJENDRA M. SAREEN, J.)
AMAR RATHOD...
