IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1408 of 2003 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 HINDU @ HINDUDA GALABHAI SOLANKI =========================================

Appearance:

MR RONAK B RAVAL, APP for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1 =========================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 18/12/2025 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 13.08.2003 passed by the learned Additional Sessions Judge, Palanpur, Banaskantha in Sessions Case No.32 of 2002 for the offences punishable under Sections 307, 504 of the Indian Penal Code and Section 135 of the 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. As per the prosecution case, on 26.11.2001 at around 9.00 p.m. near the bus stand of village Pansa, Taluka Danta, District Banaskantha, the accused Hinduda Gala Solanki, after a quarrel over liquor or money, abused the injured Badhabhai Nolabbhai, slapped him, kicked him on the stomach and thereafter stabbed him with a knife on the upper part of the stomach with intent to murder him. The injured was immediately taken to Ambaji Cottage Hospital and subsequently referred to Palanpur Civil Hospital and then Ahmedabad Civil Hospital for further treatment.

2.2. Accordingly, FIR being Ambaji Police Station I-C.R. No.73/2001 came to be registered for the aforesaid offences. After completion of investigation, charge-sheet was filed before the learned Judicial Magistrate, Danta, and the case was committed to the Sessions Court, Palanpur where it was registered as Sessions Case No.32/2002.

3. On conclusion of evidence, the Sessions Court put various incriminating circumstances to the respondent-accused under Section 313 of the Code. The respondent-accused denied all allegations and claimed to be innocent. After hearing both sides, the learned Sessions Judge acquitted the respondent-accused.

4. We have heard learned APP for the State and examined the oral and documentary evidence adduced before the sessions Court.

5. Learned APP submits that the impugned order of acquittal is required to be set aside because the evidence of the injured witness identifies the accused in Court and the medical evidence fully corroborates the ocular account. He therefore prays for allowing the appeal.

6. The incident took place on 26.11.2001 at about 9.00 p.m. in an open place near the bus stand of village Pansa. It was completely dark and, as admitted by the injured and other witnesses, there was no light. The injured and the three persons accompanying him had consumed liquor shortly before the incident. The only person who named the respondent-accused as the assailant is the injured Badhabhai Nolabbhai himself. The remaining three persons who were present at the spot either turned hostile or categorically stated that they could not identify the assailant because of darkness.

7. PW-1 Dr. Jayantibhai Ambhara Patel at Exh.11 found a single penetrating stab wound on the upper abdomen, dangerous to life and caused by a sharp cutting weapon. His evidence is reliable but does not identify the assailant. PW-2 Badhabhai Nolabbhai the injured at Exh.18 is the only witness who named and identified the accused in court. However, he admitted complete darkness, consumption of liquor, no prior acquaintance with the accused, inability to identify even the muddamal knife, and made material improvements from his police statement. No test identification parade