State Of Gujarat vs Gandabhai Motibhai Rathod

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1661

S. H. VORA, SANDEEP N. BHATT
State Of Gujarat – Appellant
Versus
Gandabhai Motibhai Rathod – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MS CHETA SHAH

ORDER :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order dated 04.01.2021 passed by the 2nd Additional Sessions Judge, Morbi in Sessions Case No. 60 of 2016 whereby the respondent accused came to be acquitted for the offences punishable under sections 325, 326, 114, 504 of Indian Penal Code (hereinafter referred as ‘IPC’ for short), the applicant – State of Gujarat has preferred this application to grant leave to appeal under section 378(1)(3) of the Criminal Procedure Code (‘the Code’ for short).

2. The facts in nutshell which give rise to the present leave to appeal as well as appeal is as under:-

2.1 As per the case of the prosecution on 09.10.2009, at around 09:00 hours, the buffaloes of complainant were drinking water from the pond at Village Sapkada and the complainant was waiting there as the caretaker of the livestock. At that point of time, the accused person who is also the owner of the buffaloes was present there and his buffaloes also needed to drink water from the pond. The complainant told the accused person to wait till the buffa