IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 880 of 2001 With R/CRIMINAL REVISION APPLICATION NO. 550 of 2001 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI =========================================

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

STATE OF GUJARAT Versus HARDEVBHAI CHANDUBHAI VINZUDA & ORS.

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Appearance:

MR J K SHAH, APP for the Appellant(s) No. 1 MR P P MAJMUDAR(5284) for the Opponent(s)/Respondent(s) No.

1,2,3,4 =========================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 05/03/2026 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 17-8-2001 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 217/2000 for the offences punishable under Sections 302 read with 34 of the Indian Penal Code and Section 135 of the Bombay Police Act, the appellant – State has preferred the present Criminal Appeal No. 880 of 2001 under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short). The victim’s father, Bharatbhai Ranabhai Makwana, feeling aggrieved and dissatisfied with the same judgment and order of acquittal, has preferred the present Criminal Revision Application no. 550 of 2001.

2. The brief facts leading to the filing of the present appeal and revision application are as under:

2.1. As per the prosecution case, the complainant’s son, Shaileshbhai Bharatbhai Makwana, has died. There was enmity between the deceased and the accused No.1 Hardev Chandu on account of the deceased having a love relationship with Hardev Chandu’s sister Beni, and the deceased and Beni having taken photographs together, the knowledge of which had come to Hardev Chandu. According to the prosecution, on 31-8-2000, around 7:00 p.m. to 7:30 p.m. near Sai Baba Temple, Bhavnagar, when the deceased Shailesh was proceeding towards the temple for darshan as per his routine on Thursdays, the accused persons Hardev Chandu, Haresh @ Katti Chiman, Haresh @ Hariyo, and Raydan @ Raju, who were lying in wait, assaulted him with sharp weapons. As a result of the assault, Shailesh sustained multiple injuries and fell in a pool of blood near the temple. The accused persons then fled towards Ambika Flat side. Thereafter, the police arrived, removed the injured Shailesh in the Eagle-2 mobile van to the hospital, where he was declared dead.

2.2. Taking all these circumstances into account, the prosecution's case emerged as the four accused persons with common intention and in furtherance thereof, assaulted and caused the death of Shaileshbhai by inflicting injuries with sharp weapons near Sai Baba Temple on the evening of 31-8-2000. They acted in concert and shared the common intention to commit murder.

Accordingly, the prosecution presented its case and framed charges against the accused persons under Sections 302 read with 34 of the IPC and Section 135 of the Bombay Police Act. The B Division Police Station, Bhavnagar completed the investigation of this offence and filed the charge sheet before the Chief Judicial Magistrate, Bhavnagar, from where the case was committed to the Court of Sessions.

3. On conclusion of evidence, the Sessions Court put various incriminating circumstances to the respondents-accused under Section 313 of the Code. The respondents-accused denied all allegations and claimed to be innocent. After hearing both sides and appreciating the oral and documentary evidence, the learned Sessions Judge acquitted all the accused persons by giving them the benefit of doubt, mainly on the ground that the sole eye-witness Bharatbhai Rukhadbhai Dabhi was unreliable, there were material contradictions and unnatural conduct, no independent witnesses were examined despite the incident occurring in a crowded public place in broad dayl