State Of Gujarat vs Suresh Kundanbhai Negi
2023 Latest Caselaw 2450 Guj

      R/CR.MA/17926/2020                               ORDER DATED: 21/03/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 17926 of 2020

                     In R/CRIMINAL APPEAL NO. 1160 of 2020

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                              STATE OF GUJARAT
                                    Versus
                           SURESH KUNDANBHAI NEGI
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Appearance:
MS. JIRGA JHAVERI, APP for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
           and
           HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 21/03/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. Though served, no one has appeared on behalf of the Respondents.

2. The Application is for Leave to Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the acquittal recorded by the learned Principal Sessions Judge, Rajkot in Sessions Case No. 117 of 2016 dated 25.10.2019. By the impugned judgment and order, the leaned Sessions Judge has acquitted the Respondents of the charges under Sections 307, 323, 504, 114 of the Indian Penal Code and Section 135(1) of the G.P.Act.

3. Learned APP has cursorily taken this Court to the findings given in connection with the evidence recorded and submitted that the reasoning given by the Court below are quite haphazard by coming to the conclusion despite that there not being any evidence that the accused himself had inflicted the

R/CR.MA/17926/2020 ORDER DATED: 21/03/2023

injury on himself whereas, as there is no explanation by the prosecution of the injuries sustained by the accused no.2, and therefore, the incident was disbelieved. Learned APP submitted that though there were fruitful witnesses and infact the complainant himself was an injured eye-witness, no credence was given by the Trial Court in this regard.

Hence, the case is made out to grant Leave to Appeal. The Application is allowed.

(A.Y. KOGJE, J)

(M. R. MENGDEY,J)

J.N.W / RB 14