IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 478 of 2017 With R/CRIMINAL APPEAL NO. 926 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI ==========================================================

Approved for Reporting Yes No ==========================================================

RANCHHOD @ RASO DAYALBHAI KANANI Versus STATE OF GUJARAT ==========================================================

Appearance:

CRIMINAL APPEAL No.478 of 2017:

MR PRATIK BAROT WITH MS ALPA J DAVE(3924) for the Appellant.

CRIMINAL APPEAL NO.926 OF 2017:

MR TATVADEEP JANI for the Appellant.

MR BHARGAV PANDYA APP for the Opponent(s)/Respondent(s) No. 1-State HARSHADKUMAR D PANCHAL(9015) for the Opponent(s)/Respondent(s)

No. 1. YUVRAJ B SOLANKI(8318) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 10/02/2026 COMMON ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 30.11.2016 passed by the learned 5^th Additional Sessions Judge, Bhavnagar in Sessions Case No.52 of 2015 for the offences punishable under Section 302 and 34 of the Indian Penal Code, whereby the appellants – accused has been sentenced for the offence punishable under Section 302 and 34 of the IPC to undergo imprisonment for life with fine of Rs.15,000/-, in default, to undergo six months SI, the appellants have preferred the present appeal under Section

374 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 That on 13.10.2017 in the morning at about 10.30 a phone call was received of one Pragjibhai who informed that Ashok who left residence since 4 O’ clock and had not still returned. It is stated that the complainant has also made enquiry about Ashok at various places. However his whereabouts were not found. It is stated that Ranjt, Ashok's friend who came and informed that Ashok lastly seen at Kumbharwada on Sunday and thereafter his whereabouts were not found. It is stated that one Ranjitbhai to whom the enquiry was made and he informed that lastly he came on Saturday and thereafter his whereabouts were not found. It is stated that one Manubhai who is Manager of the factory, informed that the motorcycle of Ashok was lying in Kumbharwada and thereafter one Dilipbhai Kanani, Vijay, Ajay Lalji and thereafter all went to Kumbharwada and found that Ashok motorcycle was lying there. It is stated that the complainant has thereafter called Hareshbhai and again made enquiry to the nearby places. It is stated that on further making enquiry to the wife of Ashok she informed that around 4 O'clock Ashok went outside and till 11.30 his phone was found on and conversation was made with him. However thereafter his whereabouts were not found and his phone was found switched off. It is also alleged that the friend of Ashok to whom the enquiry was made namely Ranjit, thereafter Ranchhod then Gipin, Mukesh @ Munno, Ashish Sursang and when the enquiry was made with all, everybody was giving different versions, under the circumstances they were taken to the police station and wife of Ashok namely Bhavikaben had given missing entry.

2.2 It is alleged that 7 O'clock in the morning the friend of the complainant Jaisingbhai namely Dineshbhai and his uncle that dead body of Ashok is found near the motorcycle and thereafter all went to the place and found that dead body of Ashok was lying there. It is stated that thereafter post mortem was carried and the complaint was filed on suspicion that any of the six as referred in the FIR have committed the offence of murder.

2.3 Accordingly, FIR being CR No.119 of 2014 came to be registered with Bortalav Police Station. The Police after investi