IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 34 of 2004 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR.JUSTICE D. M. VYAS ==========================================================

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

STATE OF GUJARAT Versus JUGABHAI MANGALBHAI @DAHYABHAIJADAV ==========================================================

Appearance:

MS ASMITA PATEL, APP for the Appellant(s) No. 1 MR HARSHADRAY A DAVE(3461) for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR.JUSTICE D. M. VYAS Date : 11/03/2026

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE D. M. VYAS)

1. Challenge in this appeal is to the judgment dated 15/03/2003 passed in Sessions Case No.413 of 2002 on the file of the learned Additional Sessions Judge, Fast Track Court, Panchmahal at Godhara, whereby the accused in the said case was acquitted of the charge under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code”).

2. Brief facts, giving rise to the present appeal, are as under:

2.1. The complainant Laxmansinh Rayjibhai Solanki earns his livelihood by doing masonry work. The agricultural field of the complainant, his grandfather and of the accused, were nearby. In all the agricultural fields, they were having a small dwelling unit where they were spending their night with a view to supervising the crops in their respective fields. The incident, took place on 28.07.2002 and according to the case of the prosecution, the father of the complainant was brutally beaten and has succumbed fatal injuries. On 29.07.2002, Prabhat Kalu had reported around 8:00 a.m. in the morning to the family members of the complainant that the deceased Rayjibhai Mohanbhai Solanki was brutally beaten by the accused in connection with the alleged theft committed by the deceased of a small steel pot. It is further stated that when Prabhat Kalu reached at the hut, he saw accused inflicting blows. The theory narrated by Prabhat Kalu was to the effect that he intervened and stopped the accused from further beating and thereafter, they left and went to sleep. The complainant went to the field and brought the deceased to the house. It was noticed that the deceased was having swelling on his chest and was unable to speak. Lack of fund was the reason not to go to hospital for treatment immediately and unfortunately, around 2.30 p.m. in the afternoon, the deceased succumbed to the injuries.

2.2. First Information Report being I – CR no.221 of 2002 was filed with the Halol police station for the offences punishable under section 302 of the Code which, after investigation, culminated into charge-sheet and the case was registered as Criminal Case no.1479 of 2002, which upon committal was numbered as Sessions Case no.413 of 2002. The trial was conducted by framing the charges. The trial was concluded and the accused, was not guilty and was acquitted of the charge by the trial Court on the ground that the prosecution has failed to prove the charge beyond reasonable doubt. Aggrieved thereby, the State has preferred the captioned appeal assailing the legality and validity of the impugned judgment. 3. Heard Ms. Asmita Patel, learned Additional Public Prosecutor for the appellant-State and learned advocate Mr.Harshadray A. Dave for the respondent-accused at length on facts of the case as well as provisions of the law.

4. Ms. Asmita Patel, learned Additional Public Prosecutor has submitted the facts of the prosecution case and further submitted that the prosecution has produced the oral and documentary evidences to prove the allegations against the respondent-accused. Learned trial court ought to have considered the oral as well as documentary evidences of the prosecution, but has failed to appreciate the same and recorded the findings which are contrary to the provision