IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 581 of 2002 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI and HONOURABLE MR. JUSTICE R. T. VACHHANI =========================================

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

STATE OF GUJARAT Versus DAMABHAI JIBHAI GOHIL & ORS.

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Appearance:

MS. DIVYANGNA ZALA for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No.

1,2,3,4,5 MR RUSHABH R SHAH(5314) for the Opponent(s)/Respondent(s)

No. 1,2,3,4,5 =========================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D.

NANAVATI and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 07/02/2026 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal passed by the learned Additional Sessions Judge, Godhra in the Sessions Case no. 218 of 2001 for the offences punishable under Sections 302, 114, 323 of the Indian Penal Code and Section 135 of the Bombay Police Act, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1. As per the prosecution case, the complainant Hasmukhbhai Narvatbhai is the real brother of the deceased Dilip Narvatbhai. The deceased, along with his brother Pravinbhai and mother Shantaben, resided jointly in Chhagan ni Muvadi village, Taluka Kalol, District Panchmahal. There existed a long-standing and deep-rooted enmity between the complainant's family and the family of accused Kantibhai Jibhai Gohil, stemming from an alleged illicit relationship between the deceased Dilip and the daughter of accused Kantibhai Jibhai who had been married about four years prior in Chidapuri village but was not residing with her in-laws, having returned to her parental home approximately 5–6 months before the incident. This alleged relationship had led to repeated verbal altercations, quarrels, and threats between the two families over a considerable period, creating a motive for the accused to eliminate the deceased.

2.2. According to the prosecution, on 20-04-2001, during the evening hours, the deceased Dilip, his brother Pravin, and mother Shantaben were proceeding from their agricultural field hut towards their old ancestral house in the village after attending to routine farm work. While en route, the complainant Hasmukhbhai who was also present in the vicinity and other family members suddenly heard loud cries and screams emanating from the nearby open field area, shouting that "Dilip Narvatbhai is being beaten” ("Dilip Narvatbhai ne maro mari nakhyo"). Alarmed by these cries, the complainant, along with Shantaben, Pravinbhai, and cousin Vinubhai, immediately rushed to the spot in the field. Upon reaching the scene, the eye-witnesses allegedly witnessed the five accused persons Damabhai Jibhai Gohil, Kantibhai Jibhai Gohil, Somabhai Kantabhai Gohil, Dilip Damabhai Gohil, and Jaydip Damabhai Gohil actively assaulting the deceased.

2.3. It is the prosecution's specific case that accused Kantibhai Jibhai and Somabhai Kantabhai caught hold of and restrained the deceased by his arms, preventing him from escaping or defending himself, while accused Damabhai Jibhai inflicted repeated blows with a stabbing weapon on vital parts of the body, including the head, right and left shoulders, chest region, and other areas, causing profuse bleeding and serious injuries. The other accused persons, namely Dilip Damabhai and Jaydip Damabhai, allegedly participated by inflicting fist blows and restraining the deceased, thereby sharing common intention to cause death. As a result of the brutal assault, the deceased sustained multiple stab wounds, fractures and internal injuries leading to neuro- hemorrhage. The injured deceased was immediately lifted and carried by the f