IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1318 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE P. M. RAVAL =================================================

Approved for Reporting Yes No √

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STATE OF GUJARAT Versus RABARI MALABHAI DEVABHAI & ORS.

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Appearance:

MR DHAWAN JAYSWAL, APP for the Appellant(s) No. 1 MR HR PRAJAPATI(674) for the Opponent(s)/Respondent(s) No. 2 MR TUSHAR CHAUDHARY(5316) for the Opponent(s)/Respondent(s) No. 1,3,4,5,6 =================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D.

KARIA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 07/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)

1. When the matter is taken up for hearing, the learned advocates for the respective respondents are not present.

2. The appeal is of the year 2003 and is specially notified today before the special bench constituted for the purpose. Accordingly, considering the age of the matter, it is deemed proper to proceed with the matter in the absence of the counsel for the respondents.

3. This is an acquittal appeal at the instance of the State filed under Section 378(1)(3) of the Criminal Procedure Code, 1973 assailing the judgment and order dated 30.06.2003 passed in Sessions Case No. 40 of 2001 by the learned Additional Sessions Judge, Fast Track Court, Banaskantha at Palanpur, whereby, respondent No. 4 herein – original accused No. 4 is acquitted of all the charges levelled against him, whereas, the respondent Nos. 1, 2, 3, 5 and 6 herein – original accused Nos. 1, 2, 3, 5 and 6 are acquitted of the charges for the offences punishable under Sections 147, 148 and 307 of the Indian Penal Code, 1860 (IPC), however, they are convicted for the offences punishable under Sections 323 and 325 of the IPC and Section 135 of the Bombay Police Act. For the offence punishable under Section 325 of the IPC, they are sentenced to undergo three months’ Rigorous Imprisonment (RI) and a fine of Rs.5,000/- each and in default of payment of fine, to undergo, further RI for one year and for the offence punishable under Section 323 of the IPC, they are sentenced to undergo one year’s RI and a fine of Rs.2,000/- and in default of payment of fine, to undergo further RI for six months, whereas, for the offence punishable under Section 135 of the Bombay Police Act, they are sentenced to undergo three months’ Simple Imprisonment (SI) and a fine of Rs.500/- and in default of payment of fine, to undergo, further SI for one month.

4. Outlined facts of the prosecution case are that brother of de facto complainant namely Shamlaji Chelaji and one Rabari Malji Deva had grudges over parking of tractor since prior to one month of the incident in question which occurred on 10.07.2000 when the injured persons were going on a tractor to their field and the accused persons came head on. On the day of incident, when the de facto complainant was at the field of his sister Leriben, his brother Shamlaji and others shouted for help and hence, they rushed to the spot where he saw the accused Nos. 1, 2, 3 and 5 were possessing wooden stick, whereas, the accused Nos. 4 was possessing a Scythe (Dhariya) and the accused No. 6 was possessing an iron pipe. They all, by forming an unlawful assembly assaulted brothers of the complainant namely Nanji Chelaji and Shamlaji Chelaji as well as wife of Shamlaji Chelaji namely Jamkuben and accused Nos. 1 and 3 inflicted stick blows on Nanjibhai and whereas accused No. 2 inflicted stick blow on Jamkuben. Thereafter, the accused No. 4 inflicted Scythe blow on Jamkuben. Upon intervention by the de facto complainant, the accused No. 5 inflicted stick blow, whereas, accused No. 6 inflicted blow with iron pipe on the complainant. In the assault, the complainant, his brothers and wife his brothers were allegedly grievously injured. Thus, all the accus