State Of Gujarat vs Balram Narendrapal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Guj) 78

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI, HEMANT M.PRACHCHHAK
State Of Gujarat – Appellant
Versus
Balram Narendrapal – Respondent

Advocates Appeared:
For the Appellant : Ms Vrunda Shah App.
For the Respondent: Hcls Committee, Mr P B Khambholja

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The appellant - State of Gujarat has preferred this appeal under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 10.12.1997 passed by the learned Additional Sessions Judge, Rajkot (hereinafter be referred to as “the trial Court”) in Sessions Case No. 8 of 1996, whereby, the trial Court has acquitted the original accused (respondent herein) for the offences punishable under Sections 302 , 449, 342 etc of the Indian Penal Code (hereinafter be referred to as “the IPC ).

2. Brief facts of the present case, in nutshell, are that

2.1 That on 15.09.1995, deceased Mahammad Khujus Mahammad Ainun (complainant) was residing at Bhavnagar Road, Near Bharat Petrol Pump, Rajkot in the house of one Noor Mahammad Jivabhai has lodged the First Information Report to the effect that when he was at his home at about 2.30 pm and taking a nap, at that time, accused entered his house with a knife in his hand and assaulted him by giving a blow on stomach. After assaulting him, the accused ran away from the place and, therefore, he (injured) started shouting for help. It is alleged that after hearing the shout, said Noor Mah