IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 880 of 1998 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO Sd/-

and HONOURABLE MR.JUSTICE SANJEEV J.THAKER Sd/-

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Approved for Reporting Yes No ✔

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STATE OF GUJARAT Versus BADSANGJI HURAJI THAKORE & ANR.

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Appearance:

MS. MEGHA CHITALIYA, APP for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 2 MR UMANG H OZA(2440) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO and HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 13/03/2026

JUDGMENT

(PER : HONOURABLE MS. JUSTICE S.V. PINTO)

1] This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 06-07-1998 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), at Gandhinagar (herein after referred to as ‘the learned Trial Court’) in Sessions Case No. 73 of 1996, whereby, the learned Trial Court has acquitted the respondent from the offence punishable under Sections 447, 325, 327, 302, 114 of the Indian Penal Code, 1860 and Section 34 of the Bombay Police Act.

1.1] During the pendency of the trial, the original accused No. 3 expired and the trial against him was abated. Thereafter, during the pendency of the present appeal, the respondent No. 2 – the original accused No.2 expired and hence the appeal qua the respondent No. 2 was abated by an order dated 03-06-2024.

1.2] The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in original case, for the sake of convenience, clarity and brevity

2] The brief facts that emerge from the record of the case are as under:-

2.1] The deceased Khumaji Shivaji Thakor was the brother of the complainant Manuji Shivaji Thakor and was residing in a hut in the agricultural field known as Mata Wada in the outskirts of village, Vadodara. His wife had left him for the past 15 years and was residing at her parental home and he did not have any children and he would have his meals at the house of the accused No. 2. On 08-05-1996 at around 22:30 Hrs. Dinaji Chaturji came to the house of the complainant and informed him that the accused were having a quarrel with his brother Khumaji and were abusing him. The complainant and Dinaji Chaturji went to the hut of Khumaji Shivaji situated in Mata Wada field and they saw the accused No. 2 giving blows with a dhariya to Khumaji Shivaji, who was lying unconscious on the ground. The accused Nos. 1 and 3 had sticks in their hand and they saw the complainant and Dinaji Chaturji and ran away and the accused No. 2 also took his dhariya and ran away. The complainant saw that his brother had sustained serious injuries on the chest, left hand, head, near the ear and on the right leg and he was immediately taken in a Matador to the Civil Hospital Gandhinagar where he was declared dead. The complainant filed the complaint stating that the accused No. 2 had a doubt that Khumaji Shivaji had illicit relations with his wife and he would often quarrel with him and because of that grievance, all the accused had assaulted his brother and caused his death. The complaint was filed by the complainant Manuji Shivaji Thakor at the Dabhoda Police Station under Sections 302, 325, 447 and 114 of the IPC and Section 135 of the Bombay Police Act, which was registered at Dabhoda Police Statiuon I-C.R.No. - 43 of 1996.

2.2] The Investigating Officer recorded the statements of the connected witnesses and collected the necessary documentary evidences and after investigation, a charge sheet came to be filed at the Court of the Judicial Magistrate First Class, Gandhinagar. As the case was exclusively triable by the Sessions Court, committal proceedings were u