IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 304 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY Sd/-

and HONOURABLE MR.JUSTICE D. M. VYAS Sd/- ================================================================

Approved for Reporting Yes No ✓

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STATE OF GUJARAT Versus RAMESHBHAI JIVABHAI VANKAR & ANR.

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Appearance:

MS KRINA CALLA, APP for the Appellant(s) No. 1 MR DARSHAN P DAVE(5928) for the Opponent(s)/Respondent(s) No. 1,2 ================================================================

CORAM:HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY and HONOURABLE MR.JUSTICE D. M. VYAS Date : 25/07/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. Challenge in this appeal is to the judgment dated 02.04.2011 passed in Sessions Case No.100 of 2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.1, Panchmahals at Godhra, whereby the respondents herein, who are accused nos.1 and 2 in the said case, were acquitted of the charges levelled against them for the offences punishable under Sections 307 and 114 of the Indian Penal Code, 1860 (for short “the IPC”) and under Section 25(1)AA of the Arms Act.

2. Briefly stated, it is the case of the prosecution that about three criminal cases were registered against the accused no.1 in various police stations being C.R. No.I-76/2008 for the offence punishable under Section 384 of the IPC, C.R. No.I-115/2009 for the offences punishable under Sections 223, 224, 225(a)(b) and 114 of the IPC and C.R.No.I- 23/2008 for the offence punishable under Section 323 of the IPC and under Sections 3(1)(10) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Accused no.1 was absconding in the third crime that was registered against him referred to above. Therefore, he was a fugitive and the police have been searching for him to apprehend him in the said case. While so, on 04.04.2010, the Police Inspector, Godhra Town, ‘B’ Division Police Station received an information that accused no.1 along with another person was passing through the road between Dhokli and Vavdi village. Therefore, on his instructions, police were deputed to apprehend him while he was passing through the said road. So, the police, who were deputed, were divided into groups and both the groups were hiding on the said road behind the trees waiting for the arrival of accused no.1. While so, at about 7:00 a.m., on 04.04.2010, accused nos.1 and 2 were found coming on a Pulsar motorcycle on that road near Panam canal. Accused no.2 was riding the vehicle and accused no1 was the pillion rider. Immediately, PW-7, who is an Assistant Sub-Inspector, came out on to the road to intercept the vehicle. After seeing him, accused no.2, who is the rider of the vehicle directed accused no.1 to shoot him. Immediately, accused no.1, who is the pillion rider has taken a country made pistol and fired a shot against PW-7. PW-7 sat down to avoid the fire shot. Fortunately, he survived. Immediately, the other police from both the sides came to apprehend accused nos.1 and 2. When accused nos.1 and 2 tried to escape, accused no.2, who is driving the vehicle, jumped from the vehicle and fell down on the ground and accused no.1 also fell down at the pit. It is stated that both of them have sustained injuries while falling on the ground. Immediately, police rounded them up and apprehended them. At the time of laying trap, the police have also taken PW-1 and PW-2, who are independent mediators to the scene of offence. So, the police have arrested both accused nos.1 and 2 in the presence of the mediators. They have recovered the country made pistol from accused no.1 in the presence of mediators. They have also recovered four cartridges and the fired bullet at the scene of offence in the presence of the mediators.