IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1171 of 1999 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR and HONOURABLE MR.JUSTICE D.N.RAY ==========================================================

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

STATE OF GUJARAT Versus SHIVA VALA BHARVAD & ORS.

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

Appearance:

MS SHRUTI PATHAK, APP for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 1,2 BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No.

3,4,5,6 MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 3,4,5,6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR and HONOURABLE MR.JUSTICE D.N.RAY Date : 13/03/2026 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR)

1) Present appeal is directed by the appellant - State challenging the judgment and order of acquittal dated 31.08.1999 passed by learned Additional Sessions Judge, Rajkot, in Sessions Case No.26 of 1998, whereby the learned Sessions Judge acquitted the accused persons – the opponents herein for the offence punishable under Sections 143, 147, 148, 149, 504, 302 and 43 of the IPC and Section 135 of the Bombay Police Act.

2) The brief facts of the prosecution case are that on 09.11.1997, at about 05:00 hours in the evening, the complainant Chetan Haribhai Chandrani was present at his railway lodge, at that time, accused No.6 Lalo Pandavali came and informed him that his brother was murdered and his dead body was lying on the footpath near Door Darshan office and his Maruti Frontie car bearing No.GAD 5946 was lying there. Therefore, the complainant went there in rickshaw and seen that Maruti car was lying there and some blood stained were found in the car and came to know that one Taiyab was taken his brother to Government Hospital. Therefore, the complainant rushed to Government Hospital, where he seen that dead body of his brother was lying in blood pond and Taiyab Hajibhai Juneja was also present there. Upon asking about the incident by the complainant to Taiyab Juneja, he told that he and his brother met at Junction Plot Main road and as Harish wanted to repair his car, they proceeded in a car and when they reached at Hospital Chowk, at that time, Lalo Penda valo raised his hand to stop, therefore, Harish stopped his car and set on the driver seat, at that time, Lalo Pendavalo (accused No.6) and Hemu Bharwad (accused No.3) talked with Harish and during that time, accused No.1 Lakhman Bharwad, accused No.1 Shivo Bharwad and Bablu also came on motorcycle and having knives in their hands and accused No.1 Hemu Bharwad having gupti. Lalo Pendavalo talked with Harish about compromise of one dispute took place prior to 4 years, but during that time, all the accused got provoked and all the accused made assault with knives and Gupti.

3) Accordingly, FIR being C.R.No.I-510/1997 was lodged before Pradyumannagar Police Station, Rajkot, came to be lodged. Investigation was carried out and ultimately, charge-sheet came to be filed against the accused persons for the offences punishable under Sections 302, 143, 147, 148, 149, 504 and 34 of IPC and Section 135 of the Bombay Police Act before the jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Cr.P.C. committed the said case to the Court of learned Additional Sessions Judge, Rajkot, which came to be numbered as Sessions Case No.26/1998. Since, the accused did not plead guilty and claimed to be tried, they were tried for the said offences.

4) At the trial, in order to bring home the charges levelled against the accused, the prosecution examined 26 witnesses and also relied upon 46 documentary evidence.

5) At the end of the trial and after recording the statement of the accused under Section 313 of the Code, and upon hearing