ORAL ORDER

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

1. The present Appeal is preferred by the State being aggrieved and dissatisfied with the judgment and order dated 24.03.2021 passed by the 2nd Additional Sessions Judge, Kalol in Sessions Case No. 39 of 2019, whereby the respondent – accused came to be acquited for the offences punishable under section 307 and 303 of the Indian Penal Code (hereinafter referred as ‘IPC’ for short) read with section 135 of the Gujarat Police Act. 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, 1973 ( ‘the Code’ for short).

2. The factual matrix of the present matter is as under:

2.1 It is the case of prosecution that complainant Jitendrakumar Kanaiyalal Barot lodged complaint on 18.05.2018 before the Kalol City Police Station being CR No. I- 60 of 2018 against the respondent – accused under sections 307 and 323 of the IPC and section 135 of the Gujarat Police Act. As per the case of the complainant the accused had some earlier quarrel with his son – Tapan and on 18.05.2018 at about 19:30 hours the accused had met with his son Tapan nea