Kasturji Modaji Mali vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Guj) 1843

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Kasturji Modaji Mali – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Appellants : Ms. Archana R. Acharya.
For the Respondents: Mr. Abhijit Rathod for Mr. Mehul H. Rathod, Public Prosecutor.

Table of Content
1. the dispute involved land ownership and a subsequent violent altercation. (Para 2 , 3 , 6)
2. affidavits confirming mutual settlement of disputes and criminal actions were filed. (Para 4 , 5 , 8)
3. the court acknowledges the right to self-defense based on property ownership. (Para 10 , 11 , 12 , 13)
4. convictions were set aside based on the validity of self-defense claims. (Para 14 , 15 , 16)

ORDER :

GITA GOPI, J.

1. Criminal Appeal no.363 of 2007 is represented by Ms. Archana Acharya, learned advocate for the respective appellants and Criminal Appeal no.238 of 2007 is represented by Mr. Abhijit Rathod, learned advocate for Mr. Mehul Rathod, learned advocate for the respective appellants.

2. Both the learned advocates have submitted that the dispute between the parties was with regard to survey no.262 of Village Damasim, Taluka and District Banaskantha. Learned advocate has submitted that the civil proceedings were initiated and submitted that the accused of Criminal Appeal no.363 of 2007, being the owners of the land, were doing agricultural work and the accused of Criminal Appeal no.238 of 2007 entered the land and in such defence to protect the land, owner of surve