IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 563 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Sd/-

and HONOURABLE MR. JUSTICE VIMAL K. VYAS Sd/-

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Approved for Reporting Yes No ✔

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STATE OF GUJARAT Versus BHURABHAI DHARAMSHIBHAI SURELA & ORS.

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Appearance:

MS JYOTI BHATT, APP for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No.

1,2,3,4,5,6,7 YAGNESHKUMAR S JOSHI(8074) for the Opponent(s)/Respondent(s) No.

1,2,3,4,5,6,7 ================================================================

CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 21/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. The present appeal preferred under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.01.2003 passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No.118 of 2000, whereby the learned Sessions Judge acquitted all the accused persons from the charges levelled against them for the offences punishable under Sections 302, 324, 504, 147, 148 and 149 of the Indian Penal Code.

PROSECUTION’S VERSION IN NUT-SHELL :

2.1 It is the case of the prosecution that the complainant Popatbhai Gobarbhai Koli had filed a complaint, inter alia, stating that on 03.06.2000 at around 9 O’clock in the night, there was an uproar/ruckus in the vicinity, therefore, he came out of his house, where he saw exchange of words between his uncle - Kalubhai Manjibhai, his cousin - Naranbhai Savjibhai, and the accused Bhurabhai Dharamshibhai, Babubhai Bhurabhai, Bhupatbhai Bhurabhai and Dakubhai Bhurabhai. It is further the case of the prosecution, as per the complaint, that the accused persons were quarreling regarding collection of firewood and hurling abuses, therefore, the complainant had told them not to utter filthy language.

2.2 As per the case of the prosecution, the complainant has further stated in his complaint that in the alleged incident which had occurred on 03.06.2000 at around 9 O’clock in the night, the accused Babubhai Bhurabhai Koli got agitated and inflicted Axe blows on the forehead of the complainant, on the right-hand elbow of his uncle Kalubhai Manjibhai and on the head of Naranbhai Savjibhai; whereas, the accused Dakubhai Bhurabhai Koli had inflicted a spear blow on the abdomen of Kalubhai Manjibhai and the accused Bhupatbhai Bhurabhai had inflicted a sword blow on the left-hand of Naranbhai Savjibhai. It is further the case of the prosecution that on hearing the outcry, the co-accused Kantaben, wife of Bhupatbhai Bhurabhai; Savitaben, wife of Bhurabhai Dharamshibhai, and Lilyben Mavjibhai came running out and started pelting stones on the complainant - Popatbhai Gobarbhai, the injured - Kalubhai Manjibhai and the deceased - Naranbhai Savjibhai. Thereafter, Jivtiben Kalubhai, Savitaben Naranbhai, Samjuben and other ladies saved the complainant and the injured from further assault by the accused persons.

2.3 It is the case of the prosecution that the injured were rushed to the Government Hospital, Dhari, and thereafter the complainant (PW-1) Popatbhai Gobarbhai had filed the complaint before the Dhari Police Station on 03.06.2000. The injured Naranbhai Savjibhai Koli succumbed to the injuries during the treatment at the Junagadh Hospital.

3. On the basis of the complaint, an offence came to be registered against the respondents-accused for the offences punishable under Sections 302, 324, 504, 147, 148 and 149 of the Indian Penal Code vide I-CR No.37 of 2000 registered before the Dhari Police Station. Thereafter, the investigation commenced and the Investigating Officer prepared a panchnama of the place of the incident (Exh.39), inquest panchnama (Exh.46), ar