IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1209 of 2004 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI ==========================================================

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

STATE OF GUJARAT Versus AHER DEVDAN SADUR & ORS.

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Appearance:

MR RONAK RAVAL APP for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4,5,6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 07/11/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 05.02.2004 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Porbandar in Sessions Case No. 57 of 1995 for the offences punishable under Section 147, 148, 149, 307, 34 of Indian Penal Code read with Section 135 of Bombay Police Act, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1. That the complainant-Mr.Polabhai Karsanbhai Kutiana had lodged an F.I.R. with B Division Police Station, which was registered at Zero Number by Porbandar Police Station and transferred to Kutiyana Police Station and accordingly the Kutiyana Police Station has registered the offence being CR-80/95. The complainant alleged inter alia that he was proceeding towards Vadasvada for the purpose of doing welding works of the pipeline with his labourer Karsan Duda. At that time, near about forest nursery, the accused persons, Devdan Sardul, Devayat Sardu, Naran Sardul, Karsan Vasan, Naran Parbat and Naran Kara having armed with lethal weapons like iron pipes, axe and sticks apprehended them and stated to the complainant that "you are very arrogant, you wanted to take revenge of your brother, then prepare yourself.” While saying so, all the six persons started giving blows of lethal weapons to the complainant. Accused person Naran Kara and Naran Sardul had given pipe blows over head and on the right hand to the complainant and as a result of which, the complainant fell down on the ground. At that time, the. Co-accused Karsan Vasan have given axe blows over head of the complainant and thereafter, the other accused persons were also giving blows to the complaint. The witness Karsan Duda, who was accompanying the complainant, intervened in between. Hence, the accused person Naran Karsan had given iron pipe blow to Karsan Duda and as a result of which he was also injured. Thereafter, the accused persons ran away from the scene and the complainant was admitted in the Kutiyana Hospital and thereafter transferred to the Civil Hospital at Porbandar.

2.2. The FIR was lodged at Kutiyana Police Station. After investigation, chargesheet was filed before the learned JMFC, Court. However, as the said Court lacks jurisdiction to try offence under Section 307 IPC, the case was committed to the Sessions Court and it was registered as Sessions Case No.57 of 1995 for trial. On conclusion of evidence on the part of the prosecution, the trial Court put various incriminating circumstances appearing in the evidence to the respondent- accused so as to obtain explanation/answer as provided under Section 313 of the Code. In the further statement, the respondent-accused denied all incriminating circumstances appearing against him as false and further stated that he is innocent and a false case has been filed against him. After examining the evidence, witness testimonies and submissions from both sides, the learned Court below recorded the finding in favour of the respondent-accused acquitting him of the charges levelled against them.

3. We have heard learned AP