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 buffaloes of the complainant are finished drinking water which enraged the accused person and the juvenile accused Mr. Bharatbhai Gandabhai Rathod who along with the accused person started giving filthy abuses to the complainant and also inflicted stick blows on the head of the complainant and thereby causing fracture to the complainant.

2.2 It is the case of the prosecution that the complainant Prabhubhai Maganbhai lodged complaint being C.R. I – 131 of 2009 before the Halvad Police Station for the alleged offence under sections 325, 326, 504, 114 of the IPC. In pursuant to the complaint lodged by the complainant, the Investigating Agency collected evidence in the form of statement of witnesses and documentary evidence and after having found material against the respondent – accused, chargesheet came to be filed in the Court of Judicial Magistrate First Class, Halvad. Since, the cross-case of the present offence was pending before the Sessions Court at Dangadhara, the Judicial Magistrate First Class Court, Halvad committed the case to the learned Additional Sessions Court, Dangadhara.

2.3 Upon committal of the case to the Sessions Court, Dangadhara, the Sessions Court registered the case being Sessions Case No. 40 of 2014. Thereafter, due to the bifurcation of the district the same case was transferred to Sessions Court, Morbi which came to be registered as Sessions Case No. 60 of 2016. The learned Sessions Court has framed the charge at Exh. 9 against the respondent accused for the aforesaid offence and the accused pleaded ‘not guilty’ by his statement recorded at Exh. 10 and claimed trial.

3. In order to bring home charge, the prosecution has examined 14 witnesses and also produced documentary evidence as under:-

4. Upon conclusion of trial the respondent – accused was examined under the provisions of section 313 of the Code and in his further statement the respondent – accused denied his involvement in the crime and stated that false case is lodged against him. After hearing both the sides and after analysis of the evidence adduced by the prosecution before the learned trial Court the respondent – accused was acquitted from the charge of offence punishable under sections 325, 326, 114 and 504 of IPC.

5. We have minutely examined the oral as well as documentary evidence produced