IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1352 of 2003 With R/CRIMINAL APPEAL NO. 1353 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 Versus SHRAVANSING BABUBHA RATHOD & ANR.

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Appearance:

MR DHAWAN JAYSWAL, APP for the Appellant(s) No. 1 MR RH THAKKER(5825) for the Opponent(s)/Respondent(s) No. 1,2 MR VR HALANI(6169) for the Opponent(s)/Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 07/02/2026 COMMON ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

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

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

2. Both these appeals have been heard together and are being disposed of by this common judgment and order as the incident involved in both the trials is one and the same.

3. The Criminal Appeal No.1352 of 2003 is preferred by the appellant-State against the order of acquittal dated 04.08.2003 passed by the trial court, whereby the learned Joint District and Additional Sessions Judge, 2nd Fast Track Court, Banaskantha at Deesa in Sessions Case No. 146 of 2001 acquitted the respondents-original accused nos. 1 & 2 for the offence punishable under Section 394 and 397 of the Indian Penal Code and under 135 of the Bombay Police Act.

4. The Criminal Appeal No. 1353 of 2003 is also preferred by the appellant-State against the order of acquittal dated 04.08.2003 passed by the trial court, whereby the learned Joint District and Additional Sessions Judge, 2nd Fast Track Court, Banaskantha at Deesa in Sessions Case No. 178 of 2002 acquitted the respondent-original accused no. 1 for the offence punishable under Section 394 and 397 of the Indian Penal Code and under 135 of the Bombay Police Act.

5. In both the appeals there are two Sessions Cases as the accused in Criminal Appeal No. 1353 of 2003 Rameshsing@ Goliyo Fatesing Darbar was arrested later as he was absconding. However, both the Sessions cases being Sessions Case No. 146 of 2001 and Sessions Case No. 178 of 2002 were heard and decided by a common judgment.

6. The prosecution case, in a nut-shell, is as follows:

6.1. The complainant PW-5 Mr.Deepakkumar Prabhashankar Gor is running an STD/PCO in the name of Divya Shakti on Deodar Highway along with the business of selling cold drinks. On 16.04.2000 at around 11.30 PM when the complainant along with his friend PW-7 Mr. Shailesh were about to go to sleep, at that time, 3 unknown persons entered the shop of the complainant as they wanted to make a call. Amongst the three persons, one person after entering the STD/PCO room took out a knife and inflicted a blow on the complainant which the complainant tried to ward off which caused an injury on the complainants finger and remaining two persons also started giving fist and kick blows to the complainant. Friend of the complainant Mr. Shailesh also while trying to intervene received a knife injury on his chick.

6.2. It is the case of the prosecution that the 3 unknown persons committed loot of following items -

 earring of Mr. Shailesh worth Rs. 1,000/-

 two gold rings and a wrist watch of the complainant totally valued at Rs. 150/-

 A Yamaha Motorbike of the complainant valued at Rs. 25,000/-.

Thereafter the 3 unknown persons took the Yamaha bike of the complainant and fled towards Bhabhar.

6.3. After the incident the complainant and his friend came on the road and saw a Police Jeep which was passing by. The complainant and his friend stopped the Police Jeep and informed the police abo