State Of Gujarat vs Kathi Visubhai Najbhai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Guj) 84

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, P.M.RAVAL
State Of Gujarat – Appellant
Versus
Kathi Visubhai Najbhai – Respondent

Advocates Appeared:
For the Appellant : Mr Pranav Dhagat, Addl.Public Prosecutor
For the Respondent: Hcls Committee, Mr Kaivan K Patel

JUDGMENT :

MAULIK J.SHELAT, J.

1. The present appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 16.10.1998 passed by the learned Additional Sessions Judge, Surendranagar (hereinafter referred to as“the Trial Court”) in Sessions Case No.48 of 1997, whereby the Trial Court acquitted the respondents of the charges levelled against them under Sections 302 and 34 of the Indian Penal Code (hereinafter referred to as “IPC”) read with Section 135 of the Bombay Police Act.

2. At the outset, it requires to be noted that out of the three respondents – accused, this Court vide its order dated 15.07.1999 granted leave insofar as respondent No.1 - original accused No.1 – Kathi Visu Najbhai (hereinafter referred to as “the accused“) is concerned and the appeal stands dismissed qua respondent Nos.2 and 3.

3. The brief facts of the prosecution case are as under :

3.1. It is the case of the complainant - Champaben, wife of Rajabhai Jivanbhai Koli, that she was residing at Ninama, Taluka: Sayla, with her husband and mother-in- law and was doing household chores and agricultural work. On the date of incident i.e., on 09-