IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1492 of 2003 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 DEVANAND @ DEVKO PUNJA BHATU & ORS.

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Appearance:

MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1 MR RONAK RAVAL, APP for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 1,4 MR A. U. SAPHIYA(9891) for the Opponent(s)/Respondent(s) No. 2,3,5 MR MAHESHB BARIYA(2234) for the Opponent(s)/Respondent(s) No. 2,3,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 03/03/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Here is the Appeal by the State against the judgment and order of acquittal.

2. Being dissatisfied by the judgment and order passed by the learned Sessions Judge, Porbandar, passed in Sessions Case No.19 of 2002, dated 25.04.2003, acquitting the respondent from the offence under Sections 302 and 201 read with Section 34 of the IPC and Section 135 of the Bombay Police Act, the State has preferred instant appeal under Section 378 of the Cr.P.C.

3. This Court has heard Mr.Ronak Raval, learned Additional Public Prosecutor for the appellant – State, Mr.Ashish Dagli, learned advocate appearing for the original complainant, Mr.Mahesh Bariya, learned advocate, Mr.A.U. Vohra, learned advocate for Mr.M.M. Tirmizi, learned advocate appearing for and on behalf of the respondents accused.

4. We may take the notice of the fact that the principal accused Devnand Bhatu (A1) and accused no.4 Ramesh @ Ranmal Vira, passed away during the pendecy of the appeal proceedings and appeal qua them stands abated.

5. Brief facts giving rise to file the present Appeal are that, the accused A1 Devanand Bhatu had a dispute of local body election with deceased Parbat Karshan and in order to take revenge the election result, on 17.11.2001, the deceased was taken to farm situated at Village Kotda by the accused no.1 on his motorbike and then he was killed with the weapon skyth by the accused no.1 and after killing, his dead body with the help of accused nos.2 to 4, was being buried in the same farm. On the basis of missing complaint, the Porbandar Police was having suspicion on the accused A1 as the deceased was lastly seen in the company of A1 by witness Khimanand Nebha and on that basis, the entire incident was unearth and accordingly, on the basis of the FIR, the accused were arrested and dead body was exhumed from the farm where it was buried and after completion of investigation, the chargesheet before the Judicial Magistrate came to be filed. The case was committed to the Court of Sessions at Porbandar.

6. The learned Sessions Judge, Porbandar framed charge under Sections 302 and 201 read with Section 34 of the IPC and Section 135 of the Bombay Police Act, against the accused to which, they pleaded not guilty and claimed trial.

7. In the course of trial, the prosecution adduced the following oral as well as documentary evidence in support of his case:

Oral evidence - 20 Documentary evidence - 65

8. On conclusion of oral evidence, the trial Court recorded further statements of the accused as provided under Section 313 of the Code, wherein, they claimed their innocence.

9. The learned Sessions Judge after appreciating and examining the oral as well as documentary evidence acquitted the accused herein for the offences with which they were charged, on the ground that, the prosecution failed to prove the charge against the accused beyond all reasonable doubt and case based on the circumstantial evidence, the prosecution failed to establish each instance of incriminating circumstances by way of reliable and clinchin evidence an