IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 668 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-

and HONOURABLE MR.JUSTICE J. L. ODEDRA Sd/-

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

STATE OF GUJARAT Versus RAVJI GORDHAN PATEL & ORS.

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Appearance:

MR HARDIK SONI, APP for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1,2,3 MR SAMIR B BUNDELA(2722) for the Opponent(s)/Respondent(s) No. 1,2,3 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 07/03/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present appeal is preferred by the appellant-State under Section 378 of the Code of Criminal Procedure, 1973 against judgment and order of acquittal dated 24.01.2003 passed by Additional Sessions Judge, Jamnagar in Sessions case No. 27 of 1994. By the impugned judgment and order, the Sessions Court acquitted the respondents-accused for offence under Section 302 read with Section 34 of the Indian Penal Code and Section 135(1)

of the Bombay Police Act.

2. It is reported that out of three respondents, respondent No.1 and respondent No.3 have expired. Learned APP has placed on record the report in this regard from the Police Inspector, ‘A’ Division Police Station, Jamnagar. Therefore, the present appeal stands abated qua respondent Nos.1 and 3.

3. The brief facts of the case are that on 10.10.1993 at about 6:45 p.m., the complainant had gone to Choravala Chowk in village Miyatra for purchasing bidi and at that time, he saw his nephew-Takhubha being assaulted by the accused persons. It is alleged that accused No.1-Ravji Gordhan Patel inflicted two blows on the head of the deceased with an iron pipe, while accused No.2- Girdhar Khima Patel inflicted a dhariya blow on the back of the deceased. As a result of the assault, the deceased fell down on the ground whereupon accused No.3-Khima Daya Patel allegedly sat on the chest of the deceased and started giving fist and kick blows. At that time, two villagers, namely Ranjirsinh Hamirji Darbar and Bhikhubhai Jethaji intervened and removed accused No.3 from the deceased. Meanwhile, the complainant also reached the spot and the accused persons fled from the location. Thereafter, he was taken to the hospital where he succumbed to the injuries.

4. Learned APP appearing for the appellant-state has submitted that the order of acquittal passed by Additional Sessions Judge, Jamnagar in Sessions case No. 27 of 1994 is against law and evidence on record.

4.1. It is submitted that the trial Court has failed to appreciate the evidence of the complainant Bhupatsang Gagaji (Exh.22) who is an eye witness to the incident and has clearly narrated the role attributed to the accused persons. Further, it is submitted that the deposition of the complainant is also duly corroborated by the evidence of other eye witnesses namely, Ranjitsinh Hamirji Darbar (Exh.27) and Bhikhubha Jethaji (Exh.31) who have also deposed about the acts committed by the accused persons.

4.2. It is also submitted that the trial Court has committed an error in discarding the evidence of the eyewitnesses on the ground that the eyewitnesses did not intervene in the incident and has not appreciated the fact that the accused persons were armed with weapons and the eyewitnesses might not have intervened due to fear.

5. As against this, learned Advocate on behalf of the respondents-accused supported the impugned judgment and order passed by the trial Court and has submitted that the trial Court has rightly appreciated the oral and documentary evidence on record and acquitted the accused persons.

5.1. It is submitted that the eyewitnesses examined by the prosecution are closely related to the de