IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 82 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL ==========================================================

Approved for Reporting Yes No ==========================================================

DINESH @ BATHIYO GOGHA VARANIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1 MR JAY MEHTA, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 24/07/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. This Criminal Appeal preferred by the appellant- accused Dinesh Koli under Section 374(2)of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) is directed against the judgment of conviction and sentence dated 28.04.2014 passed by the Additional Sessions Judge, Morbi in Sessions Case No.10 of 2014 by which the appellant has been convicted under Section 302 of the Indian Penal Code (for short “IPC”) and Section 135 of Gujarat Police Act and sentenced him to undergo life imprisonment and fine of Rs.10,000/-, in default thereof, further simple imprisonment of 1 year, whereas under Section 135 of Gujarat Police Act, The Court has convicted him and sentenced to undergo 3 months simple imprisonment and in default thereof, further 15 days imprisonment.

2. The case of the prosecution leading to the conviction of the appellant - Dinesh Koli, is as follows:

2.1 The appellant Dinesh Koli, resident of City Morbi, was in relationship with one Vinuben – accused no.2 and had a baby girl out of the said relationship. According to case of the prosecution, the deceased Rajesh, before his murder, outraged the modesty of the daughter of the accused and he was harassing her. In order to reprimand him, the appellant and accused Vinuben on the eve of Janmashthmi i.e. on 28.08.2013 at about 02:00 p.m., came to the place of the incident where the deceased Rajesh and others were gambling. The accused confronted the deceased on the issue of harassment of his daughter, which ensued the dispute between them and scuffle took place, as a result, the appellant took out his knife from his vest and gave a blow on the vest and chest of the deceased and then, run away from the place. The deceased was taken by the persons, who accompanied to him at the Government Hospital where he was declared dead. The FIR of the incident came to be filed by the eyewitness Jitendra Babubhai (PW:7) with the Morbi City Police Station, which came to be registered as C.R. No.I-244 of 2013. PW.22 – A.Y. Sarvani, Deputy Police Commissioner, SC ST Cell was entrusted the investigation of the case. During the course of investigation, he arrested the appellant and his wife Vinuben, recorded the statements of the witnesses, drew the panchnama of scene of offence and collected necessary samples for forensic analysis, obtained the P.M. Report, seized and recovered the weapon knife, seized the cloths of the accused, sent the seized articles to the F.S.L., collected the F.S.L. Repor and on completion of investigation, he laid the chargesheet before the Jurisdictional Magisterial Court, who committed the case to the Court of Sessions at Morbi. The Sessions Court concerned framed the charge against the appellant and his wife.

3. In order to prove the charge, the prosecution examined as many as 23 witnesses and exhibited 22 documents.

Oral evidence