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NEUTRAL CITATION

R/CR.A/581/1999 JUDGMENT DATED: 19/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 581 of 1999

With

R/CRIMINAL REVISION APPLICATION NO. 357 of 1999

FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI

and

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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Approved for Reporting Yes No

- No

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STATE OF GUJARAT

Versus

KADAR OSMAN MAJOTHI & ORS.

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Appearance:

MR SAURIN A SHAH(791) for the Appellant(s) No. 1

MS JYOTI BHATT APP for the Appellant(s) No. 1

MR AFTABHUSEN ANSARI(5320) for the Opponent(s)/Respondent(s)

No. 3,4

MR KB ANANDJIWALA(134) for the Opponent(s)/Respondent(s) No. 1,2

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

and

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 19/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

1. The appellant - State of Gujarat has preferred this appeal under

Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the

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NEUTRAL CITATION

R/CR.A/581/1999 JUDGMENT DATED: 19/12/2025

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judgment and order dated 08.04.1999 passed by the learned

Additional Sessions Judge, Bhuj at Kachchh (hereinafter be referred to

as “the trial Court”) in Sessions Case No.41 of 1997, whereby the trial

Court has acquitted the original accused (respondents herein) from

the offences punishable under Sections 302, 323 r/w. Section 34 etc

of the Indian Penal Code (hereinafter be referred to as “the IPC”).

2. Short facts of the prosecution case are that on 05.11.1996 at

about 0.45 hours in the night, complainant – Pravinbhai Veljibhai

along with his father and one another person were passing through

the agricultural land of the assailant for the purpose of feeding to the

cattle of one Noormamad, brother of accused No.2. Noormamad was

adjoining agricultural land and since there was marriage in his family,

he was busy in the marriage and therefore he asked Veljibhai that he

had taken care of cattle, which were kept at his agricultural land and

he provided food to the cattle. Upon instruction of Noormamad,

Veljibhai went to the field of Noormamad at about 10.00 p.m. and

while he was passing through the house of the accused, he had

asked by accused No.1 that why he was passing near their house, due

to which scufÒe took place and accused No.1 having stick, accused

No.2 having spade and accused No.3 and 4 having sticks. The

accused No.1 had inflicted injury on front part of head of Veljibhai,

accused No.2 had inflicted injury in back side of Veljibhai and accused

No.3 and 4 had inflicted injuries by their respective weapons and

because of that Veljibhai sustained serious injury and fallen down and

thereafter all the assailants left the scene of offence. It is alleged that

Pravinbhai / Premjibhai immediately called one Latif, who had on his

motorcycle and the complainant asked Latif to take injured to nearby

hospital and while they were on motorcycle, the brother of deceased

Vishrambhai was carried a jeep car and then he took the injured in his

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NEUTRAL CITATION

R/CR.A/581/1999 JUDGMENT DATED: 19/12/2025

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jeep car to nearby hospital. It is alleged that that when they reached

to the hospital, the concerned doctor declared the injured as died.

2.1 Hence, a complaint was lodged by the complainant before Bhuj

Taluka Police Station and it has been registered as I – C.R.No.245 of

1996 for the offences punishable under Sections 302, 323, 114 etc of

IPC and police started investigation. The police prepared inquest

panchnama as well as panchnama of scene of offence in presence of

panchas. The accused were arrested and muddamal were discovered

in presence of panchas. On completion of investigation, charge sh