ORAL ORDER

(PER : HONOURABLE MR. JUSTICE SANDEEP N. BHATT)

1. Feeling aggrieved and dissatisfied with the judgment and order dated 15.03.2021 passed by the 2nd Additional Sessions Judge, Bhavnagar at Talaja in Sessions Case No. 17 of 2020 (Old Sessions Case No. 2007 of 2015), whereby the respondents – accused persons came to be acquitted for the offence punishable under sections 307, 504, 506(2) and 114 of the Indian Penal Code as well as section 135 of Gujarat Police Act, by giving benefit of doubt to the accused persons. The applicant – State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure.

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

2.1 It is the case of the prosecution that the complainant viz Jeevanbhai Savjibhai Kucha lodged FIR before the Alang Police Station, Bhavnagar that the accused – present respondent No. 2 had quarrel regarding water with the complainant’s brother who is residing with him. In retaliation, the accused person used filthy languange at the brother of the complainant. On 16.08.2014, at about 11:30 hrs, the accused perso