IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 213 of 2001 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 KANAK SINH GANPAT SINH PARMAR & ORS.

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Appearance:

MR JK SHAH, APP for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 2 HL PATEL ADVOCATES(2034) for the Opponent(s)/Respondent(s) No.

1,3,4,5,6,7,8,9 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 02/12/2025

ORAL JUDGMENT

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

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 13.12.2000 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 233/1993, whereby the respondent-accused came to be acquitted for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 337, 504 and 506(2) of the Indian Penal Code, 1860 (“IPC” for short), under Section 25(1)(c) of the Arms Act, 1959 and under Section 135 of the Bombay Police Act, 1951, 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. The complainant, resident of Dhansar Ni Muvadi, Taluka Halol, lodged a complaint before Halol Police Station alleging that the respondent-accused had illicit relations with the complainant's sister, leading to prior quarrels. On 13.06.1993 at about 13:30 hours, while the complainant's maternal aunt was filling water at the handpump near the house and the complainant was sitting on the otla, the accused formed an unlawful assembly armed with weapons such as bhala (spear), dhariya (sickle), lathi (stick), tamanchu (knife) and pipe, with common object to assault the complainant and witnesses. The accused hurled abuses at the complainant's maternal aunt, following which accused No. 1 inflicted a bhala blow on witness Chhatrasinh on his left hand, accused No. 9 inflicted a dhariya blow on witness Amarsinh on his left hand, accused No. 6 inflicted a knife blow on the chest of the said witness Amarsinh, accused No. 5 pelted stones at the complainant injuring his left elbow, and accused No. 1 threatened to kill the complainant and witnesses. The complainant's maternal aunt suffered a hand injury almost severing her hand. The accused were restrained by villagers who intervened. The injured were taken to hospital, and the complaint was lodged on the same day leading to registration of the offence.

2.2. The FIR came to be registered at Halol Police Station under the aforesaid sections bearing C.R. No. I-169/1993. The accused were arrested during investigation. After completion of investigation, a charge- sheet was filed before the Judicial Magistrate First Class, Halol, registered as Criminal Case No. 315/1993.

2.3. As the Judicial Magistrate First Class, Halol lacked jurisdiction to try the offences, the case was committed to the Sessions Court, Panchmahals at Godhra vide order dated 28.07.1993 and registered as Sessions Case No. 233/1993 for trial. The case arose in the context of a cross-FIR (C.R. No. I-170/1993) where the deceased Ganpatsinh (father of accused No. 1) suffered fatal injuries leading to his death on 14.06.1993 at SSG Hospital, Vadodara, and the present case was tried alongside the cross-case. Upon conclusion of the prosecution evidence, the trial court put various incriminating circumstances appearing in the evidence to the respondent-accused for their explanation under Section 313 of the Code. In their statements under Section 313, the respondent- accused denied all incriminating circumstances as