The High Court of Gujarat granted leave to the appellant's legal heir to file an appeal under section 302 CrPC. The court found a fundamental flaw in the impugned acquittal regarding the burden of proof and service of notice.
Leave to appeal under section 302 CrPC was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/21451/2022 ORDER DATED: 07/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21451 of 2022
In
R/CRIMINAL APPEAL NO. 2325 of 2022
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NARENDRASINH GANPATSINH BARIYA LH OF DECD. GANPATSINH MATHURBHAI BARIYA
Versus
HIMATSINH RAMSINH ZALIYA
========================================================== Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1 for the Respondent(s) No. 1 MR HARDIK MEHTA APP for the Respondent(s) No. 2
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/12/2022
ORAL ORDER
applicant submits that the complainant is the father of the applicant, who died after the acquittal judgment and therefore the applicant as a son and legal heir has sought permission to leave to appeal under section 302 CrPC.
Patel Vs. State of Gujarat , reported in (2019) 18 SCC
106 , Mr. Jani submits that, the source of income of the
Page 1 of 2
R/CR.MA/21451/2022 ORDER DATED: 07/12/2022
complainant was not challenged or questioned, in the cross-examination and the learned trial Court Judge has committed a fundamental flaw in assuming the case as for the complainant to prove beyond reasonable doubt. He further submits that the learned trial Court Judge has failed to appreciate the fact that the notice of the complaint was served on the same address as was in the legal notice, where the accused had pleaded ignorance of receipt of the notice.
(GITA GOPI,J)
Pankaj
Page 2 of 2
2 issues framed by the court
Whether leave to appeal should be granted under section 302 CrPC given the fundamental flaw in the trial court's assumptions regarding the burden of proof and service of notice.
Whether the acquittal judgment should be reopened given the complainant's death and unchallenged source of income.
Colour shows how this judgement treated each authority
Rohitbhai Jivanlal Patel Vs. State of GujaratReferred¶18
(2019) 18 SCC 106 · Who else cites this
1 provisions across 1 enactments
NARENDRASINH GANPATSINH BARIYA
HIMATSINH RAMSINH ZALIYA
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
