IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 806 of

2016 FOR APPROVAL AND SIGNATURE:

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

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

NARESHBHAI ALIAS DHOLIO DALUSINH PARMAR Versus STATE OF GUJARAT =========================================

Appearance:

VASIMRAJA A KURESHI(8609) for the Appellant(s) No. 1 MR. JAY G THAKER(9944) for the Opponent(s)/Respondent(s) No. 1 MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1 =========================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 11/12/2025 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. The present Criminal Appeal is preferred by the appellant– original accused under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 07-05-2016 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case arising out of Karjan P.S. I-C.R. No. 181/2014, whereby the appellant Nareshbhai @ Dholiyo Kalusinh Parmar was convicted under Sections 302, 323 and 452 IPC and Section 135 of the Gujarat Police Act and sentenced to life imprisonment with fine of Rs.100/- in default 1 month RI, for Section 302, 1 year RI with fine of Rs.100/- in default 1 month RI, for Section 323, 3 years RI with fine of Rs.100/- in default 1 month RI, for Section 452 and 1 month RI for Section 135 G.P. Act, all substantive sentences to run concurrently with set-off of the period already undergone.

2. The case of the prosecution, in brief, is that on 24-10-2014 at about 16:30 hours at House No.41, Shantiniketan Society, Karjan, District Vadodara, the deceased Rameshbhai Domaprasad Maurya was standing on the otla of his house talking on his mobile phone with his nephew Vikas. At that time, the appellant-accused Nareshbhai @ Dholiyo Kalusinh Parmar, who resides in the same society and who was nursing a grudge since April 2014 (when the deceased had allegedly looked at his wife Sangeeta while sitting on the otla), suddenly came running with an open sword in his hand. Seeing the accused, the deceased ran inside the house to close the iron grill door (jali). While the deceased was in the process of closing the grill, the accused thrust the sword through the gap between two iron bars and inflicted a single deep wound on the left side of the chest of the deceased. When the wife of the deceased, Kaushalyaben, rush and shouted “Why are you doing this? What harm have we done to you?”, the accused slapped her twice on the right cheek and attempted to throttle her. On hearing shouts, neighbours and relatives gathered, whereupon the accused fled towards his house threatening dire consequences. The injured Rameshbhai was immediately taken on a motorcycle by his son Satishbhai and one Arunbhai to Sumeru Hospital, Karjan, where he succumbed to the injury at about 17:00 hours the same day. Thus, the prosecution alleged that the accused, with the intention and knowledge that the act was sufficient in the ordinary course of nature to cause death, committed the murder of Rameshbhai, voluntarily caused hurt to Kaushalyaben, committed house-trespass with intent to commit an offence punishable with imprisonment for life, and also violated the prohibitory order regarding possession of deadly weapons, thereby committing offences punishable under Sections 302, 323, 452 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

3. Upon the oral complaint of the son of the deceased, PW-10 Satishkumar Rameshbhai Maurya at Exh.21, given before P.I. Deepakbhai Divawala at Karjan Police Station on 24-10-2014 itself, FIR was registered vide Karjan P.S. I-C.R. No.181/2014. The investigation was carried out by PW-23 P.I. Deepakbhai Mohanlal Divawala at Exh.58. He immediately rushed to the place of off