IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 637 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 BHARWAD MEPA JIVA & ORS.

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Appearance:

MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR for the Appellant(s) No. 1 ADVOCATE NOTICE SERVED for the Opponent(s)/Respondent(s) No.

2,4,5,6,8 UNSERVED EXPIRED (N) for the Opponent(s)/Respondent(s) No. 1,3,7,9 ================================================================

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

ORAL JUDGMENT

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. Challenge in the captioned appeal, filed under section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”), is to the judgment and order dated 17.02.2003 passed in Sessions Case no.42 of 1998 acquitting the opponents for the offences under sections 147, 148, 149, 302, 326, 325, 324, 323 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”) and under section 135 of the Bombay Police Act, 1951 (hereinafter referred to as “the B.P. Act”).

2. The brief facts as can be culled out from the record are that, on 08.10.1994, around 9 p.m., when the complainant Deva Moti went to offer prayers to the Khodiyar Maa Temple, he was stopped and not allowed to offer prayers by the opponent no.1 on account of he having not contributed the funds for the construction. Upon getting the information, the father Moti Khoda, brothers Vela Moti and Lala Moti, uncle Singha Pancha and his two sons reached the scene of offence and tried to rescue the complainant Deva Moti. During the altercation, complainant and his family members have suffered simple, severe and fatal injuries by the opponents. Vela Moti had suffered fatal injuries at the ends of Bharwad Raja Popat whereas, other witnesses had sustained simple and severe injuries. First Information Report being C.R. No.165 of 1994, was registered with the Halvad Police Station for the offences under sections 147, 148, 149, 302, 326, 325, 324, 323 of the IPC and section 135 of the B.P. Act, followed by filing of the charge-sheet and registration of the Criminal Case no.794 of 1994, which case was committed to the Court of Sessions and culminated into Sessions Case no.15 of 1995.

3. The issues were formulated, namely, whether the complainant proves beyond the reasonable doubt that all the accused have formed an unlawful assembly with an intention to commit murder of the deceased, causing simple and severe injuries to the witnesses and thereby, committed offences under sections 147, 148, 149 of the IPC. Further issue was, whether the complainant proves beyond the reasonable doubt that the accused with a common intention, committed a murder and the complainant and other witnesses, namely, Moti Khoda, Lala Moti and Sendha Pancha were inflicted simple and severe injuries and resultantly, committed offences under the provisions of sections 302, 326, 325, 324, 323 read with sections 147, 148, 149 of the IPC and section 135 of the B.P. Act.

4. It is pertinent to note that as regards issue no.1, the Sessions Court had concluded that it is proved beyond reasonable doubt that the deceased sustained fatal injuries owing to the sickle blow inflicted by the accused Bharvad Raja Popat and was punished for the offences under section 302 of the IPC and section 135 of the B.P. Act. The issue as regards proving beyond reasonable doubt that all the accused together had formed an unlawful assembly with an intention to murder Vela Moti and causing injuries (simple and severe) to the witnesses have committed the offence under sections 147, 148 and 149 of the IPC, the learned Jud