Gujarat High Court
State Of Gujarat vs Kamabhai Parmabhai Patel (Chaudhari) on 11 August, 2021
Author: Sonia Gokani
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.MA/8062/2021 ORDER DATED: 11/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8062 of 2021
In
R/CRIMINAL APPEAL NO. 634 of 2021
With
R/CRIMINAL APPEAL NO. 634 of 2021
===========================================
STATE OF GUJARAT
Versus
KAMABHAI PARMABHAI PATEL (CHAUDHARI)
===========================================
Appearance:
MS. JIRGA JHAVERI, APP (2) for the Applicant
for the Respondent Nos. 1, 2, 3, 4
===========================================
CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 11/08/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This is an application for leave to appeal under Section 378 (1) (3) of the Code of Criminal Procedure, 1973 against the acquittal of the respondents for the offences punishable under Sections 307, 326, 324, 232 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act, by the judgment and order passed in Sessions Case no.30 of 2015 (old Sessions Case no.150 of 2010). Leave to amend in para-1 in amending old Sessions Case no.150 of 2010.
2. It is the case of the prosecution that the complainant's son Jitabhai was beaten by the respondents Kamabhai Parmabhai and his brother Viram Parmabhai. They were also in the act of committing this offence were actively assisted by the other two Page 1 of 3 Downloaded on : Mon Sep 06 06:01:58 IST 2021 R/CR.MA/8062/2021 ORDER DATED: 11/08/2021 persons viz. Shankarbhai Kanjibhai and Sureshbhai Lalabhai each one of the respondents had the weapons in their hands and respectively one to four had pipe, stick, Dhariya and the stick in their hands. When he was moved to the hospital, he continued to be in the hospital for about 22 days. However, disbelieving the injured eye-witness and others, the Court has given benefit of doubt to all the accused. The Court had questioned and doubted the evidence of practically every eye-witness and those who are closely connected with the injured also opining that there is no independent eye-witness, who has supported the case of the prosecution. It was even the benefit of doubt to each of the respondents.
3. Ms. Jhaveri, learned APP has strenuously urged that the oral evidence of 17 witnesses have been recorded, which included the injured witness. The Court has committed grave error by overlooking the evidence of the injured person, who has completely supported the First Information Report given by the father of the injured. It is further her say that the medical evidence had thoroughly supported the version of the injured person that was further backed by the report of the Forensic Science Laboratory. The accused, who were armed with the deadly weapons and caused serious injuries, the Court could not have overlooked such reliable evidence to give benefit of doubt to the respondents.
4. Noticing the evidence, which has been adduced before this Court, oral, as well as, documentary including the Medical Certificate issued of the injured eye-witness - Jitabhai Chaudhary so also the evidence of the doctor and the Forensic Science Laboratory, there appears to be the over emphasis of one particular aspect of incident at one stage while the rest of the other evidence Page 2 of 3 Downloaded on : Mon Sep 06 06:01:58 IST 2021 R/CR.MA/8062/2021 ORDER DATED: 11/08/2021 including that of the injured eye-witness. We are of the opinion while looked in its entirety, it would entitled the grant of leave to file an appeal. The present application is allowed.
Order in Criminal Appeal.
Admit.
Issue notice of admission to the respondents making it returnable on 3rd September, 2021.
(SONIA GOKANI, J.) (RAJENDRA M. SAREEN, J.) AMAR RATHOD...
Page 3 of 3 Downloaded on : Mon Sep 06 06:01:58 IST 2021