State Of Gujarat vs Jayeshbhai Govindbhai Parmar
2024 Latest Caselaw 8411 Guj

Gujarat High Court

State Of Gujarat vs Jayeshbhai Govindbhai Parmar on 2 September, 2024

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi

                                                                                                            NEUTRAL CITATION




                             R/CR.MA/8383/2024                                 ORDER DATED: 02/09/2024

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO.
                                               8383 of 2024

                                          In R/CRIMINAL APPEAL NO. 1981 of 2024

                                                         With
                                           R/CRIMINAL APPEAL NO. 1981 of 2024
                       ==================================================
                                                   STATE OF GUJARAT
                                                         Versus
                                          JAYESHBHAI GOVINDBHAI PARMAR & ORS.
                       ==================================================
                       Appearance:
                       MR. RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Applicant(s)
                       No. 1
                       HL PATEL ADVOCATES(2034) for the Respondent(s) No. 1,2,3
                       ==================================================

                          CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
                                and
                                HONOURABLE MR. JUSTICE CHEEKATI
                                MANAVENDRANATH ROY

                                                           Date : 02/09/2024

                                             ORAL ORDER

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

ORDER IN CRIMINAL MISC. APPLICATION.

[1] Heard Mr. Ronak Raval, learned APP.

[2] Drawing attention of the Court to paragraph - 25 of the impugned judgment, it is submitted that the finding recorded by the learned Judge for recording an order of acquittal, requires reconsideration. As held by the learned Judge, as submitted by the learned APP, first informant, who is also an eye-witness, has identified the weapon of offence, dagger; however, other witnesses including injured were not able to identify the very

NEUTRAL CITATION

R/CR.MA/8383/2024 ORDER DATED: 02/09/2024

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same weapon of offence, dagger. Therefore, it is submitted that it may not be a ground to reject the testimony of even first informant and record an order of acquittal. Even one hostile witness who was not able to identify weapon of offence, dagger, has also weighed with the learned Judge for recording an order of acquittal. Furthermore, in a history before the doctor, it is not stated that author of injuries are accused. That can hardly be a ground, as submitted by the learned APP, to record an order of acquittal.

[3] Considering the submissions, we deem it fit to grant leave to appeal. Hence, this application is allowed. Leave to appeal is granted.

ORDER IN CRIMINAL APPEAL.

[1] In view of the fact that we have granted the leave to appeal today, we deem it fit to admit the same. Hence, ADMIT.

[2] Mr. Rishin R. Patel, learned advocate for M/s H.L.Patel Advocates, waives service of notice of admission for and on behalf of respondent Nos.1 to 3. - accused.

(UMESH A. TRIVEDI, J.)

(CHEEKATI MANAVENDRANATH ROY, J.) Lalji Desai