IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 415 of 2001 With R/CRIMINAL APPEAL NO. 416 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 RASIKBHAI CHATURBHAI PATEL ==========================================================

Appearance:

MR JK SHAH, APP for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1 MR UMANG H OZA(2440) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 04/12/2025 COMMON ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Here are the Appeals by the State against the judgment and order of acquittal.

2. Since the facts of the case and issue involved in the above appeals are identical and arise out of the same common judgment, both the appeals are taken up together and are being disposed of by this common judgment.

3. Being dissatisfied by the judgment and order passed by the learned City Sessions Judge, Ahmedabad, passed in Sessions Case Nos.318 of 1997 and 76 of 1998, dated 05.03.2011, acquitting the respondents - accused from the offence under Sections 143, 147, 149, 307, 453 and 427 of the IPC, the State has preferred instant appeals under Section 378 of the Cr.P.C.

4. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor and Mr.Umang Oza, learned advocate, for the respective parties.

5. Brief facts giving rise to file the present appeals are that, the respondents accused were tried and prosecuted for the offence of attempt to murder. Before the incident, due to celebration of Ganesh Festival, allegedly celebrated by the accused parties, the complainant party was not happy with the said celebration, as a result, there was a dispute between two groups. In order to teach lesson, the accused formed an unlawful assembly with common object to cause fatal injuries to the other side, assembled at the place of incident, armed with deadly weapon like swords, hockey, pipes and sticks and assaulted Ishwar Rabari and others who were sitting near the Rajkiran Panshop. The incident of assault being taken place on 16.09.1991 in the noon hours. The injured Ishwar Rabari and others who were sitting on the bench nearby Panshop. According to the prosecution case, A5 Gokul Patil gave a blow upon Ishwarbhai, whereas A3 inflicted a sword blow in the stomach of Ishwarbhai. In the said incident, after the attack the injured Ishwarbhai managed to escape from the place and in order to catch him, the accused chased him and in that process, they ransacked and caused damages to the property belongs to Vikash Association allegedly administered by Dharamsinh Rabari. On the basis of FIR, and due investigation, the accused were chargesheeted. After committal the sessions case, framed the charge and proceeded to record the evidence.

6. In the course of trial, the prosecution adduced the following oral as well as documentary evidence in support of its case:

Oral evidence - 7 Documentary evidence - 9

7. On conclusion of oral evidence, the trial Court recorded further statements of the accused as provided under Section 313 of the Code, wherein, they claimed their innocence.

8. The learned Sessions Judge after appreciating and examining the oral as well as documentary evidence acquitted the accused herein for the offences with which they were charged, on the ground that, the factum of unlawful assembly being not proved by the prosecution as none of the witnesses were sure about the number of persons involved in the incident, nor the witnesses did not know the name of any of the accused and there is omission and contradiction between the statement made under Section 161 of Cr.P.C. and the statement made