State of Gujarat vs Rameshbhai Punjabhai Rathod

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 226

A. Y. KOGJE, M. R. MENGDEY
State of Gujarat – Appellant
Versus
Rameshbhai Punjabhai Rathod – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Krina Calla, APP
For the Respondent: Mr. Aamir S Pathan

JUDGMENT :

A.Y. KOGJE, J.

1. Present Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973, against the acquittal recorded by the judgment and order dated 04.11.1996 passed in Sessions Case No.55 of 1993 by the Additional Sessions Judge, Amreli. By which three respondents-accused have been acquitted for the offences under Sections-302, 504, 114 and under Section-326 read with 114 of the Indian Penal Code.

2. The appeal came to be admitted by order dated 17-07-1997.

3. This is the case, which arose out of an incident, which took place on 08-03-1993, where allegedly three respondents-accused aged between 18 years to 21 years, had carried out assault on one Rajeshgiri, Dipakgiri and Hashmukhbhai and the deceased; Girishbhai.

4. It is the case where one of the injured witness doubting that the accused No.3; Pravin @ Punjabhai Rathod had taken the wristwatch, while they were together at the festival of ‘Holi’ and while removing coconut from the ‘Holi’ fire, wrist-watch of the witness had slipped out of his hand and perhaps taken by the accused No.3; Pravin, but did not return it to the witness. As a result, witness complained to his elder brothers, who ar

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