JUDGMENT :

M.D. Shah, J.

Criminal Revision Application No. 475 of 2007 has been filed by the original complainant while Criminal Revision Application No. 571 of 2007 has been filed by the State being aggrieved and dissatisfied by the order dated 27-7-2007 passed by the learned Presiding Officer, Fast Track Court No. 2, Surat, in Sessions Case No. 220 of 2006 whereby the respondent-original accused No. 3 was discharged from the charges levelled against him.

2. As both the revisions arise out of the same order dated 27-7-2007 passed by the learned Presiding Officer, Fast Track Court No. 2, Surat, in Sessions Case No. 220 of 2006, they were heard together and are being decided by this common judgment.

3. As per the prosecution case, the complainant Bharatbhai Nemabhai Patel, a resident of Village Bamroli, Tal. Choryasi, District Surat, lodged a complaint while in Mahavir Hospital before the Police Inspector, Pandesara Police Station, on 6-9-2006 at about 21:45 hours for the incident alleged to have taken place on 6-9-2006 at about 19:30 hours inter alia alleging that his father Nemabhai Bhanabhai Patel was earlier Sarpanch of the Village Bamroli and Chhimmubhai Gopalbhai always used to stand on opposite side in election and, therefore, there existed enmity between the groups of Nemabhai and Chhimubhai. The present respondent-original accused No. 3, Mukeshbhai Chhimubhai Patel is the son of said Chhimubhai Gopalbhai. It was further alleged that on the day of incident, there was a procession in connection with the celebration of Ganapati Visarjan going on and when the said procession was passing near Navi Vasahat (New Quarters) at about 3.30 p.m., as the original accused No. 1-Harishbhai Dhansukhbhai and original accused No. 2-Jitendra @ Jitu Kanchanbhai were dancing in an indecent manner, the complainant and his nephew Sanjaybhai Hasmukhbhai quarrelled with them. After the celebration was over, at about 7.45 p.m. when he reached home, he received telephone from his brother-in-law Sanjaybhai Bhanabhai informing that when his nephew Sanjaybhai, who was going for taking workers at about 7.30 p.m., was passing on the road near Sai Cinema, original accused No. 1-Harishbhai Dhansukhbhai and original accused No. 2-Jitendra @ Jitu Kanchanbhai intercepted Sanjaybhai Mansukhbhai Patel and accused Jitendra Kanchanbhai Patel caught-hold of him while accused Harishbhai Dhansukhbhai Patel gave multiple blows of knife on his vital part of chest and ran away. It was also informed that Sanjaybhai Bhanabhai along with a worker Ramrup Ramgopal Kevat had proceeded towards Mahavir Hospital in a rickshaw for treatment. The complainant Bharatbhai Nemabhai Patel also proceeded towards the hospital and when they reached near the hospital of Dr. Sanjaybhai, he met Ramrup Ramgopal Kevat and his brother-in-law Sanjaybhai Bhanabhai, who were going in rickshaw and they all along with injured Sanjaybhai Hasmukhbhai went to Mahavir Hospital. During the treatment, doctor declared him dead. It was further alleged that because of previous enmity between the groups of Chhimubhai Gopalbhai Patel and complainant, the accused No. 3-Mukesh Chhimubhai Patel through accused Harishbhai Dhansukhbhai and accused Jitendra Kanchanbhai got killed the deceased Sanjaybhai Hasmukhbhai.

4. On the basis of the aforesaid complaint, P.I., Pandesara Police Station, registered the offence, collected the evidence of mobile prints of the mobile number of accused-Mukeshbhai and other accused persons and arrested the accused. At the end of investigation, as there appeared some prima facie case against the accused, charge sheet was filed before the Sessions Court and case was numbered as Sessions Case No. 220 of 2006 which was made available to the learned Presiding Officer, 2nd Fast Track Court, Surat, for trial.

5. During the trial, the present respondent-original accused No. 3 Mukeshbhai submitted an application under Section 227 of the Code of Criminal Procedure for discharging him from the ch