State Of Gujarat vs Nirubha Fatesinh Mahida
2021 Latest Caselaw 13492 Guj

     R/CR.MA/13244/2021                                 ORDER DATED: 06/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 13244 of 2021

                                     In
                      R/CRIMINAL APPEAL NO. 1022 of 2021

                                    With
                      R/CRIMINAL APPEAL NO. 1022 of 2021
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                             STATE OF GUJARAT
                                   Versus
                          NIRUBHA FATESINH MAHIDA
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Appearance:
MR HARDIK SONI, APP for the Applicant
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 CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
       and
       HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 Date : 06/09/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE PARESH UPADHYAY)

1. This is an application by the State, under Section 378 of the Code of Criminal Procedure, seeking leave of this Court to file appeal against the judgment and order passed by the Additional Sessions Judge, Anand dated 09.06.2020 in Special (Atrocity) Case No.45 of 2013 and 14 of 2015 whereby the Sessions Court has acquitted the opponents for having committed the offence under Sections 143, 147, 148, 307, 427, 452, 435, 336, 337, 504, 506(2) of the IPC and Sections 3(1) (10) & 3(2)(5) of the Atrocity Act.

2. Heard Mr.Hardik Soni, learned Additional Public Prosecutor for the applicant - State.

R/CR.MA/13244/2021 ORDER DATED: 06/09/2021

3. Learned Additional Public Prosecutor has submitted that, the Sessions Court fell in error while coming to the conclusion that the charge levelled against the accused was not proved beyond doubt. It is noted that learned Additional Public Prosecutor has extensively taken this Court through the material on record and reasons recorded by the Court below. It is submitted that let this appeal be entertained.

4. Having heard learned APP for the State and having considered the material on record, this Court finds as under.

4.1 The incident had taken place on 03.02.2013 at Village Umeta, Taluka : Ankalav, District : Anand.

4.2 The case of the prosecution in substance was to the effect that, on the date of election of Sarpanch of the village and other members of the Panchayat, some scuffle had taken place wherein 11 accused had allegedly committed the offence punishable under Sections 143, 147, 148, 307, 427, 452, 435, 336, 337, 504, 506(2) of the IPC and Section 3(1)(10) & 3(2)(5) of the Atrocity Act.

4.3 This Court has considered the reasons recorded by the Sessions Court. This Court finds that the findings arrived at by the Sessions Court to the effect that, on the basis of the evidence on record, the chain was not complete to arrive at the conclusion that, it is the accused - who have committed the alleged offence, can not be said to be erroneous in any manner.

4.4 Further, the victim also have right under the proviso to

R/CR.MA/13244/2021 ORDER DATED: 06/09/2021

Section 372 of the Code of Criminal Procedure to challenge the judgment of the Sessions Court, which they have not.

4.5 In totality this Court finds that, it would not be open for this Court, in the facts like this, to reverse the impugned judgment of the Sessions Court.

4.6 For the above reasons, we do not consider it proper to grant leave to the applicant - State to file the appeal.

4.7 In view of above, this application seeking leave to file appeal needs to be dismissed.

5. For the above reasons, this application is dismissed.

6. Criminal Appeal would not survive and the same is disposed of accordingly.

(PARESH UPADHYAY, J)

(A. C. JOSHI,J) MOBHATI/PS/09