IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1350 of 2003 FOR APPROVAL AND SIGNATURE:

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

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

STATE OF GUJARAT A Versus ABBAS MANSURBHAI BHARMAL & ORS.

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Appearance:

MR DHAWAN JAYSWAL, APP for the Appellant(s) No. 1 MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 1,2 MS BANNA S DUTTA(315) for the Opponent(s)/Respondent(s) No. 3 NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 4 ===============================================================

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

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

Heard learned Additional Public Prosecutor Mr.Dhawan Jayswal for the appellant.

1. The present appeal has been preferred under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), by the appellant-State.

2. The Criminal Appeal No.1350 of 2003 is preferred by the appellant-State against the order of acquittal dated 09.05.2003 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Junagadh in Sessions Case No. 39 of 2002 whereby the learned Judge has acquitted the respondents-original accused nos. 1 to 4 for the offences punishable under Section 364, 394, 397, 398, 114 and 120B of the Indian Penal Code and also under Section

135 of the Bombay Police Act.

3. The prosecution version, in a nut-shell, is as follows:

3.1. The complainant PW-26 Mr. Bhupatbhai Bachubhai Vadodariya was a Taxi driver and that on 13.01.2002 at about 08:00 PM, the complainant was standing with his Ambassador taxi bearing No. GTS – 9855 at Taxi Stand of Jashunath Mahadev Chowk, Bhavnagar along with other Taxi drivers namely Kanaksinh PW-23 and Batuksinh PW-22. While the complainant was looking for passengers, 4 unknown persons of the age group 25-30 years approached the complainant and told him that they were looking for a taxi to go to Somnath. Further, after bargaining, the unknown persons booked the taxi of the complainant @ Rs. 3.25 per kilometre. Thereafter, the unknown persons boarded the taxi of the complainant and started driving towards Somnath. Upon reaching village Vartej, the complainant took Rs. 600 from the unknown persons and filled up diesel of Rs. 500. During the journey, upon reaching hotel Atkot Kismat the complainant and the unknown persons had their dinner and after having dinner they proceeded towards Vanthli.

3.2. It is the case of the prosecution that during this time, while the complainant was driving, one of the unknown persons inflicted a blow on the back side of the head and neck of the complainant. Further, the complainant was given continuous blows on his head, shoulder and face due to which he received serious injuries. During this time the complainant stopped his taxi towards left side of the road and thereupon the accused persons open the doors of the taxi and started running away. When the complainant tried to chase the accused persons, he was unsuccessful and the accused persons ran away. It is the case of the prosecution that the intention of the accused persons was to loot the Ambassador car of the complainant.

3.3. After receiving serious injuries, the complainant went to Government Hospital, Vanthli for preliminary treatment after which he was referred to Civil Hospital, Junagadh. After receiving the treatment, the complaint filed a complaint with the Vanthli Police Station with regards to the incident.

3.4. Ultimately, a complaint was filed against the accused persons by PW-26 complainant Mr. Bhupatbhai Bachubhai Vadodariya and offence was registered with Vanthli Police Station under Section 364, 394, 397, 398, 114 and 120B of the Indian Penal Code and also under