State Of Gujarat vs Suresh @ Suryo Gagubha Chamadiya
2023 Latest Caselaw 4148 Guj

      R/CR.MA/9325/2023                            ORDER DATED: 07/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 9325 of 2023
                   In R/CRIMINAL APPEAL NO. 1200 of 2023
                              With
              R/CRIMINAL APPEAL NO. 1200 of 2023
========================================================
                        STATE OF GUJARAT
                             Versus
             SURESH @ SURYO GAGUBHA CHAMADIYA
========================================================
Appearance:
MR. BHARGAV PANDYA, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
========================================================
 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 07/06/2023

                               ORAL ORDER

(PER : HONOURABLE MRS. JUSTICE M. K. THAKKER) ORDER IN R/CRIMINAL MISC.APPLICATION NO. 9325 of 2023.

[1] This is an application preferred by the applicant - State seeking leave to prefer an appeal against the judgment and order of acquittal.

[2] Mr. Bhargav Pandya, learned Additional Public Prosecutor for the applicant - State submitted that, though the version in the FIR wherein it is mentioned that the victim herself had poured the kerosene and received the burn injury but the dying declaration made before the Executive Magistrate and the examination of the Executive Magistrate below Exhibit -27 supports the case of the prosecution, wherein the deceased had made the statement that respondent - accused had poured the kerosene and she receives the burn injury.

R/CR.MA/9325/2023 ORDER DATED: 07/06/2023

[2.1] Mr. Pandya, further submits that even when the deceased was admitted in the Hospital, the history before the Doctor was recorded and Medical Officer was examined by the learned Trial Court below Exhibit -80, wherein also the history was given that the respondent - accused had poured the kerosene and on screaming, other people gathered and she was brought to the Hospital. Mr. Pandya, further submits that the respondent - accused has also received the burn injury which was recorded by the learned Trial Court, which further confirms the involvement of the respondent - accused in the offence.

[2.2] Mr. Pandya, submits that the learned Trial Court had committed an error in not considering the aforesaid material aspect and acquitted the respondent - accused qua offence under Section 302 of IPC.

[3] In view of the aforesaid submissions, the present application for leave to prefer an appeal is required to be granted. Hence, the leave to prefer an appeal is hereby granted. Accordingly, the present application stands disposed of.

ORDER IN R/CRIMINAL APPEAL NO. 1200 of 2023.

Appeal is admitted. Bailable warrant in the sum of Rs.10,000/- (Rupees Ten Thousand) be issued against the respondent - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER,J.) Lalji Desai