IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 349 of 2005 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI ==========================================================

Approved for Reporting Yes No √

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KALUBHAI MERAMBHAI SAKALIYA & ANR.

Versus STATE OF GUJARAT ==========================================================

Appearance:

BAILABLE WARRANT SERVED for the Appellant(s) No. 1 MR PAWAN A BAROT(6455) for the Appellant(s) No. 2 MR YOGIN A BHAMBHANI(6444) for the Appellant(s) No. 1 MS JYOTI BHATT APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 17/12/2025

ORAL JUDGMENT

1. The appellants have been convicted under Section 328 read with Section 114 of Indian Penal Code (for short ‘IPC’) by learned Additional Sessions Judge (Fast Track Court No.5) Bhavnagar in Sessions Case No.215/2001 vide judgment and order dated 02.02.2005. Both the accused were sentenced for five years rigorous imprisonment and a fine of Rs.2,000/- with default stipulation and in failure to pay the fine, to undergo further three months simple imprisonment.

2. The appellant No.1 is represented by learned Advocate Mr. Yogin A.Bhambhani and appellant No.2 is represented by learned Advocate Mr.Pawan A.Barot, while for the State learned APP Ms.

Jyoti Bhatt represented the matter.

3. As per the deposition, the complainant stated that the original complainant - Bhupatbhai Bahadurbhai Koli on 19.08.2000 at about 9:00 a.m. was going from his agriculture field in the village to purchase tobacco. At that time, he met both the appellants accused near godown, where the accused asked the complainant to join them at the agricultural farm and had took him to the agricultural field on the pretext of taking vegetables. There, they asked him to prepare liquor and when he refused to do so, he was threatened to his life. The complainant alleged that accused - Kalubhai had caught hold of him and accused - Babubhai removed pesticide, which was used in the cotton crop from near the machine and forcibly made him drink the pesticide.

3.1 According to the complainant, half of the liquid had gone into his mouth and rest of it, he spitted down. Thereafter, he came back to his field and informed his brother and sister-in-law about the incident. His sister Kailashben went to call their employer Shantubhai, with whom they were cultivating the land in partnership, who had come there with his Jeep and Shantubhai took him in the Jeep to the hospital.

3.2 The complainant stated that he slept in the Jeep. After reaching half of the route, thereafter, he was not aware as to what had happened. He was treated by Doctor in the hospital. The police had come there; his complaint was registered. According to the complainant, Kalubhai and Babubhai both had forcibly made him drink the pesticide and therefore, had given the complaint. He identified his thumb impression on the complaint. The witness was also shown Muddamal article No.1, which he affirmed the same. He also identified accused in the Court. The victim witness as a complainant stated that Doctor had not asked him anything and he had also not informed the Doctor about the incident.

4. Learned Advocate Mr. Yogin A.Bhambhani for appellant No.1 and learned advocate Mr. Pawan A.Barot for the appellant No.2, both have submitted that the false case has been forged against accused because of the long time enmity with Shantubhai, whose land was cultivated by the complainant and his brother. Both the advocates submitted that the fact of consumption of pesticide could not be proved by way of any F.S.L. report, no stomach wash was sent to the the F.S.L. for chemical analysis report.

4.1 Learned advocates Mr. Bhambhani and Mr. Barot individually by referring to the deposition of the witnesses submitted that the complainant himself stated that he had fallen unconscious on the road, while