State Of Gujarat vs Ayazbhai Faruqbhai Mankadiya
2023 Latest Caselaw 4914 Guj

     R/CR.MA/11097/2023                              ORDER DATED: 26/06/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION NO. 11097 of 2023
                              In
           R/CRIMINAL APPEAL NO. 1484 of 2023
                             With
           R/CRIMINAL APPEAL NO. 1484 of 2023
======================================
                      STATE OF GUJARAT
                            Versus
              AYAZBHAI FARUQBHAI MANKADIYA
======================================
Appearance:
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR 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 : 26/06/2023

                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

CRIMINAL MISC. APPLICATION NO. 11097 of 2023

1. Heard Ms. C.M. Shah, learned Additional Public Prosecutor for the applicant - State.

2. This application is filed praying for leave to Appeal against the judgment and order of acquittal rendered by the learned Session Judge, Surendranagar dated 10.02.2023 in Sessions Case No.19 of 2018. According to her submission, not only there is an oral dying declaration before four of the witnesses specifically alleging against the respondent -

R/CR.MA/11097/2023 ORDER DATED: 26/06/2023

accused having inflicted knife blow not one but two, though undue importance is given to the evidence of the Investigating Officer stating that he was present alongwith them when such oral dying declaration is made, is of no damage to the case of the prosecution. Not only that, the oral dying declaration is supported by the history given before the Doctor, though in a cross examination Doctor had stated that the history was given by the patient, relatives present and one Devrajbhai, the fact remains that patient was conscious when he was brought before the Doctor and he has specifically stated that history was given by the patient himself. Not only that, according to the submission of learned Additional Public Prosecutor, weapon of offence is also discovered at the instance of the respondent

- accused having blood marks, that too, of the blood group of the deceased.

3. Considering the submissions, we deem it fit to grant leave to Appeal. Hence, the present application is allowed.

CRIMINAL APPEAL NO.1484 OF 2023

ADMIT. Bailable warrant in the sum of Rs.10,000/- be issued against the respondent - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) siji