IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 670 of

2020 With R/CRIMINAL APPEAL NO. 24 of 2020 With R/CRIMINAL APPEAL NO. 899 of 2020 With R/CRIMINAL APPEAL NO. 775 of 2022 FOR APPROVAL AND SIGNATURE:

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

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

RATANLAL BHERUMAL JAIN Vs.

STATE OF GUJARAT ====================================================

Appearance:

Criminal Appeal Nos.670 and 899 of 2020:

MR PRATIK B BAROT(3711) for the Appellant(s) No. 1 Criminal Appeal Nos.24 of 2020:

MR KASHYAP R JOSHI(2133) for: Appellant(s) 1 MR RONAK B. RAVAL, APP for the Opponent(s)/Respondent(s) No. 1 ====================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 09/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. These present appeals arise out of the judgment and order dated 17.09.2019 passed by the learned 3^rd Additional learned Sessions Court, Ankleshwar, in Sessions Case No.7 of 2015. Criminal Appeal No.670 of 2020 and Criminal Appeal No.899 of 2020 are filed by the convicted accused persons under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), challenging their conviction and sentence. Criminal Appeal No.24 of 2020 is filed by the original complainant under Section 372 of the Cr.P.C., challenging the acquittal of certain accused persons. Criminal Appeal No.775 of 2022 is filed by the State under Section 378(1)(3) of the Cr.P.C., also challenging the acquittal of accused persons who were acquitted by the learned Sessions Court. Since all these appeals stem from the same trial and involve common facts, evidence, questions of law and have been heard together, they are being disposed of by this common judgment.

2. The brief facts leading to the filing of present appeals are as under: 2.1. The prosecution case, in brief, is that on 13.06.2014, around 9:00 p.m., at the residence of the complainant Satishbhai Somabhai Patel in Nava Borbhatha, Taluka Ankleshwar, District Bharuch, a group of accused persons, armed with deadly weapons such as dhariya (sharp- edged weapon), sword, farsa (axe-like weapon), and axe, unlawfully assembled and trespassed into the complainant's compound by opening the main gate. They allegedly attacked the family members in a fit of rage stemming from a prior quarrel between children during Holi celebrations. 2.2. Specifically, it is alleged that: (i) Mukeshbhai Lallubhai Vasava struck the complainant's father Somabhai on the head with a dhariya; (ii) Bhagvatbhai Vasava and Ratanbhai Marwadi (Ratanlal Bherumal Jain)

assaulted the complainant's uncle Arvindbhai Haribhai Patel with a farsa and dhariya, leading to his death; (iii) Pratik Govindbhai Rathod hit the complainant's son Nikunj on the head with a sword; (iv) Lallubhai Vasava and Mahendrabhai Madhavbhai Patel injured Sureshbhai Bhikhabhai Patel on his right leg with a dhariya; (v) Mukeshbhai Lallubhai Vasava struck the complainant's wife Alpaben on the shoulder with the blunt side of a dhariya; and (vi) Maheshbhai Vasava hit the complainant's mother Chanchalben on the shoulder with the wooden handle of a dhariya. Govindbhai Thakorbhai Rathod was also part of the armed mob.

2.3. The assailants raised shouts and fled the scene. The injured, including the complainant and his son Nikunj (with grievous injuries), were rushed to Global Hospital, while Somabhai, Arvindbhai, and Sureshbhai were taken to Baroda Hospital, Bharuch. Arvindbhai was declared dead on arrival.

2.4. The incident was reported by the complainant at Ankleshwar City Police Station, registered as C.R. No.I-82/2014 under Sections 147, 148, 149, 302, 307, 326, 325, 323, 427, 450, 504, and 120-B of the Indian Penal Code, 1860 (IPC). Investigation ensued, including inquest panchnama, scen