Modification of Judgment dtd.

25/02/2026 in R/CR.A/1890/2010

0.6949484636184278 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1890 of 2010 [On note for speaking to minutes of order dated 25/02/2026 in R/CR.A/1890/2010 ]

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STATE OF GUJARAT Versus KHENGARBHAI BHARABHAI BHARWAD & ORS.

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Appearance:

MS MEGHA CHITALIYA, APP for the Appellant(s) No. 1 MR BC DAVE(245) for the Opponent(s)/Respondent(s) No. 1,2 MS AMITA S SHAH(2691) for the Opponent(s)/Respondent(s) No. 3 RULE SERVED for the Opponent(s)/Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 13/03/2026

ORAL ORDER

Considering the note for speaking to minutes filed by the learned APP for the State, the same is allowed. Accordingly, in para : 1 of the judgment dated 25.02.2026, the words i.e. ‘Section 135 of the Bombay Police Act’ are deleted, as it is inadvertently transcribed. Rest of the judgment remains same. Note is disposed of accordingly. The Registry to issue fresh writ accordingly.

(SANJEEV J.THAKER,J)

M.H. DAVE R/CR.A/1890/2010

0.6949484636184278 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1890 of 2010 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE SANJEEV J.THAKER ==========================================================

Approved for Reporting Yes No ✓

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STATE OF GUJARAT Versus KHENGARBHAI BHARABHAI BHARWAD & ORS.

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Appearance:

MS. MEGHA CHITALIYA, APP for the Appellant(s) No. 1 MR BC DAVE(245) for the Opponent(s)/Respondent(s) No. 1,2 MS AMITA S SHAH(2691) for the Opponent(s)/Respondent(s) No. 3 RULE SERVED for the Opponent(s)/Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 25/02/2026

JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 26.07.2010, passed by the learned Additional Sessions Judge & Fast Track Court No.4, Nadiad in Sessions Case No. 20/2010, for the offences punishable under Sections 323, 504 read with Section 114 of the Indian Penal Code, under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Section 135 of the Bombay Police Act, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for R/CR.A/1890/2010

0.6949484636184278 short, “the Code”).

2. The prosecution case, as unfolded during the trial before the lower Court, is that on 19.04.2008 at about 6 O'clock in the morning hours, the accused armed with sticks came to the complainant viz., Ishvarbhai Dhulabhai Senva and started abusing him as to why he has filed atrocity complaint against him and, thereafter, started assaulting him with stick on the parts of his body, as a result of which, the complainant received injuries on waist and head. Thereby, the accused have committed alleged offences. Therefore, the complaint was filed against the respondent/s-accused.

3. After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge- sheet was filed in the competent criminal Court for the offences as alleged. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Special (Atrocity) Case No.20/2010. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.

4. In order to bring home the charge, the prosecution R/CR.A/1890/2010

0.6949484636184278 has examined 14 witnesses and also produced 9 documentary evidence before the trial Court, which are described in the impugned judgment.

5. After hearing both the parties