Reserved On : 17/01/2026 Pronounced On : 06/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 692 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE SANJEEV J.THAKER and HONOURABLE MR.JUSTICE L. S. PIRZADA ================================================================

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

THE STATE OF GUJARAT Versus IDRISH YAKUBBHAI SHAIKH & ORS.

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Appearance:

MS SHRUTI PATHAK, APP for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4,5,6 ================================================================

CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 06/02/2026 CAV JUDGMENT (PER : HONOURABLE MR.JUSTICE L. S. PIRZADA)

1. The present acquittal appeal has been preferred under Section 378(1)(3) of the Criminal Procedure Code, 1973 (in short, Cr.P.C.), challenging the Judgment and Order dated 08.01.2003 passed by the Additional Sessions Judge, Panchmahal at Godhra (hereinafter referred to as “the trial Court”) in Sessions Case No.01 of 2002, acquitting all the accused persons – present respondents of the offences punishable under Sections

143, 302, 149 and 323 of the Indian Penal Code.

2. The short facts of the prosecution case, in a nutshell, read as under:-

2.1 It is the case of the prosecution that complainant - Nasir Hanifbhai Shaikh, resident of Mirana Tekra, Lunawada Hajiwada, was residing along with his parents and sisters and one of his sisters i.e. Nasimbanu was married to the original accused No.2, i.e. Ilyas Yakubbhai Shaikh and from the said marriage, they had three daughters. As per the case of the prosecution, the complainant’s sister - Nasimbanu and the accused No.2 – Ilyas Yakubbhai Shaikh were not on good terms and, therefore, for the last four months prior to the date of the incident, she was living along with her daughters at her parental home at Lunawada.

2.2 It is the case of the prosecution that on 17.10.2001, on the date of the incident, the complainant’s parents and sisters were present at their house and at about 10:00 p.m., the accused persons, i.e. the brother-in-law of Nasimbanu – Idrish, husband of Nasimbanu – Ilyas Yakubbhai Shaikh, father-in-law of Nasimbanu – Yakub Ashraf, uncle of Nasimbanu – Murtuza Shaikh and other two persons from their village, i.e. Naresh Sindhi and watchman Thakorbhai, came to the house of the complainant and asked the father of the complainant whether he wanted to send his daughter-Nasimbanu back to her matrimonial house or not.

2.3 In reply, the father of the complainant told the accused persons that the matter could not be discussed at night and that he would talk about the same on the next day morning. Thereupon, the accused got excited and thereafter, the original accused No.1 – Idrish Yakubbhai Shaikh, gave a blow of a sword by the hilt of the sword on the head of the father of the complainant and accused No.2 – Ilyas, who had a stick in his hand, gave a blow on the backside of the father of the complainant. Thereafter, the complainant and his two sisters intervened and tried to release their father.

2.4 Thereafter, the accused–respondents, namely, Murtuza Shaikh, Naresh, and Thakor, caught hold the father of the complainant and thereafter, the accused - Yakub caused injuries on the head and face of the father of the complainant with a steel pot. Thereafter, the complainant’s father fell down and the accused formed an unlawful assembly armed with lethal weapons and attacked the father of the complainant. The common intention was to cause serious injuries to the witnesses and to the deceased and subsequently, the accused persons went away from the spot. Blood was coming out from the head and face of the father of the complainant and thereafter, it was found that the father of the complainant was not in a conscious condition and on medical exam