IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 737 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY :- sd/-

and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI :- sd/-

==========================================================

Approved for Reporting Yes No ✔

==========================================================

STATE OF GUJARAT Versus ARVINDBHAI BHIKHABHAI PARMAR & ORS.

==========================================================

Appearance:

MR PRANAV DHAGAT, APP for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4 SHRIKAR H BHATT(2573) for the Opponent(s)/Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 07/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE M. R. MENGDEY)

1. The State has filed the present appeal under section 378(1)

(3) of Criminal Procedure Code, 1973 challenging the judgment and order dated 27.02.2003 passed by Learned Additional Sessions Judge in Sessions Case No.29 of 2002, whereby the respondents herein came to be acquitted of the charge levelled against them for offences punishable under Section 307,324, 323, 504 506(2) read with Section

114 of IPC.

2. The facts and circumstances giving rise to the present appeal are such that an F.I.R. came to be lodged by one Vinodbhai Dayalbhai Dhankar against the respondents with the facts that on 12.04.2001 when he and his wife was sitting outside their house, the respondent Arvindbhai Bhikhabhai Parmarbhai came out of his house and started abusing. Thereafter, he went inside the house and came to the place of incident along with the other respondents armed with the weapons like knife, axe, Dhariya and stick and started assaulting the family members of the first informant. In the incident, the respondent Arvindbhai Bhikhabhai Parmarbhai, who was holding knife, had inflicted blows upon Lallubhai Shankarbhai whereas Bheekha Dhanji assaulted the witness Laxman with an axe and Manharbhai Jesingbhai Parmar assaulted Laxman with a stick and because of the assault the victims sustained severe injuries and were required to be carried to the hospital. On the basis of the said F.I.R., the offence came to be registered against the respondents. The Investigating Agency after conclusion of the investigation filed a Charge-sheet against the respondents for the offences punishable under Sections 307, 324, 323, 504, 506(2) r/w Section 114 of Indian Penal Code, 1860. Since the trial of the offence alleged against the respondents was exclusively triable by the Court of Sessions, Learned Magistrate under provisions of Section 309 of Criminal Procedure Code, 1973, committed the proceedings to the Court of Sessions for trial. The learned Sessions Court vide Exhibit-8, framed charge against the respondents herein for the offences mentioned herein above. However, since the respondents pleaded not guilty, they were put to trial. The prosecution had examined as many as 17 witnesses and had also relied upon documentary evidence. The learned Sessions Court after considering the evidence adduced on record, was pleased to acquit the respondents herein of the charges levelled against them vide impugned judgment and order. Being aggrieved and dissatisfied with the same, the State has filed the present appeal.

3. Learned Additional Public Prosecutor Mr. Pranav Dhagat appearing for the appellant State submitted that as per the facts emerging from the material available on record, the respondents herein came to the place of incident armed with deadly weapons like a knife, axe, dhariya and sticks, and they have assaulted the other side with those weapons wherein two witnesses namely Lallubhai and Laxmanbhai had sustained injuries. Both the injured witnesses were examined by prosecution during the course of trial and they had given their version in their depo