Gujarat High Court
State Of Gujarat vs Patel Jivanbhai Polabhai on 7 February, 2025
NEUTRAL CITATION
R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 281 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
PATEL JIVANBHAI POLABHAI & ORS.
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Appearance:
MS JIRGA JHAVERI, APP for the Appellant(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 07/02/2025
ORAL JUDGMENT
1. This appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dated 28.10.2009 in Special Atrocity Case No.23 of 2009 passed by the learned Special Judge (Atrocity), Mehsana (hereinafter referred to as 'the Trial Court'), whereby, the Trial Court has acquitted the respondents - accused from the offences Page 1 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC')and Section 3(1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocity Act') and Section 135 of the B.P.Act. The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present appeal are as under:
2.1. On 29.10.2008 at around 2:00pm, the complainant Popatbhai Kanjibhai Senma residing at Narsinhpura came to the accused No.1 and demanded for an amount of compensation for the damage caused to the cycle of his son Dhaval, as while the accused No.1 was reversing his tractor, the cycle was crushed below the tractor, and at that time, the accused No.1 took a stick and hit it on the head of the complainant. The complainant fell down and the accused No.2 had also a stick in his hand and gave a stick blow on the back of the complainant. That both the accused Page 2 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined beat the complainant with their sticks and threatened to kill the complainant and hurled abuses and caste slurs on the complainant and the complainant filed the complaint with Kadi Police Station which was registered at II-C.R.No.219 of 2008 under Section 323, 506(2) and 114 of the IPC and under Section 3(1)(10) of the Atrocity Act.
2.2. After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, the chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions therefore, after completion of process under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and the same was registered as Special Atrocity Case No. 23 of 2009. 2.2. The accused was duly served with the summons and the accused appeared before the Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code and Page 3 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined a charge was framed by the Trial Court at Exh.6 and the statements of the accused were recorded at Exhs. 7 and 8, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. The prosecution has examined 11 witnesses and has produced 8 documentary evidences in support of the case.
2.3. After the closing pursis was submitted by the learned APP at Exh.22, the further statement of the accused under Section 313 of the Code was recorded. After hearing the arguments of the learned APP and learned advocate for the accused and after perusing the documents on record, the Trial Court, by the impugned judgment and order, has acquitted the accused for the offences punishable under Sections 323, 504, 506(2) and 114 of the IPC, Section 3(1)(10) of the Atrocity Act and Section 135 of the B.P.Act.
3. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned Page 4 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined judgment and order passed by the Trial Court is contrary to law. The Trial Court has erred in appreciating the oral as well as documentary evidence produced by the prosecution in its true spirit and straightway arrived at the conclusion that the prosecution has failed to prove the case beyond reasonable doubts. The Trial Court has failed in appreciating that it is settled legal position that the evidence of a single witness is sufficient for conviction if the same is reliable and trustworthy. The Trial Court has committed a grave error by disbelieving and discarding the evidence of the witnesses without any cogent reasons even though the witnesses are reliable and trustworthy. The Trial Court has failed in considering the evidence produced by the complainant and the witnesses that the accused have used filthy language in public. The impugned judgment and order of acquittal passed by the Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.
4. Heard learned APP Ms.Jirga Jhaveri for the appellant - State. Though served, the respondents have not appeared either in person or through an advocate. Perused the impugned judgment Page 5 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined and order of acquittal and have re-appreciated the entire evidence of the prosecution on record of the case.
5. Learned APP Ms.Jirga Jhaveri for the appellant - State has taken this Court through the entire evidence produced by the prosecution and has vehemently argued that the Trial Court has not appreciated the evidence properly and the prosecution has produced cogent evidence to prove the the case and has successfully proved the case against the accused but the Trial Court has not considered the same and has acquitted the accused. The judgment and order of acquittal passed by the learned Judge is contrary to law, evidence on record and principles of justice. The judgment and order of acquittal passed by learned Judge is based on inferences, not warranted by facts of the case and also on presumption, not permitted by law. Learned APP has urged this Court to quash and set aside the impugned judgment and order of acquittal and to find the accused guilty for the said offence. Learned APP has urged this Court to allow the present appeal and impose maximum sentence on the accused.
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NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined
6. At the outset, before discussing the facts of the present case, it would be appropriate to refer to the observations of the Apex Court in the case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415, the Apex Court has observed as under:
Recently, in Kallu Vs. State of M.P. (2006) 10 SCC 313 :
AIR 2006 SC 831, this Court stated; "While deciding an appeal against acquittal, the power of the Appellate Court is no less than the power exercised while hearing appeals against conviction. In both types of appeals, the power exists to review the entire evidence. However, one significant difference is that an order of acquittal will not be interfered with, by an appellate court, where the judgment of the trial court is based on evidence and the view taken is reasonable and plausible. It will not reverse the decision of the trial court merely because a different view is possible. The appellate court will also bear in mind that there is a presumption of innocence in favour of the accused and the accused is entitled to get the benefit of any doubt. Further if it decides to interfere, it should assign reasons for differing with the decision of the trial court". (emphasis supplied) ........ From the above decisions, in our considered view, the following general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge;] (1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded;
(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law; (3) Various expressions, such as, 'substantial and compelling reasons', 'good and sufficient grounds', 'very strong Page 7 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined circumstances', 'distorted conclusions', 'glaring mistakes', etc. are not intended to curtail extensive powers of an appellate Court in an appeal against acquittal. Such phraseologies are more in the nature of 'flourishes of language' to emphasize the reluctance of an appellate Court to interfere with acquittal than to curtail the power of the Court to review the evidence and to come to its own conclusion.
(4) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
7.1 The Apex Court in yet another recent decision in case of Sri Dattatraya Vs. Sharanappa arising out of Criminal Appeal No. 3257 of 2024 (@ SLP (Crl.) No. 13179 of 2023) observed as under:
31. The instant case pertains to challenge against concurrent findings of fact favouring the acquittal of the respondent, it would be cogent to delve into an analysis of the principles underlining the exercise of power to adjudicate a challenge against acquittal bolstered by concurrent findings. The following broad principles can be culled out after a comprehensive analysis of judicial pronouncements:
i) Criminal jurisprudence emphasises on the fundamental essence of liberty and presumption of innocence unless proven guilty. This presumption gets emboldened by Page 8 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined virtue of concurrent findings of acquittal. Therefore, this court must be extracautious while dealing with a challenge against acquittal as the said presumption gets reinforced by virtue of a well-reasoned favourable outcome. Consequently, the onus on the prosecution side becomes more burdensome pursuant to the said double presumption.
ii) In case of concurrent findings of acquittal, this Court would ordinarily not interfere with such view considering the principle of liberty enshrined in Article 21 of the Constitution of India 1950, unless perversity is blatantly forthcoming and there are compelling reasons.
iii) Where two views are possible, then this Court would not ordinarily interfere and reverse the concurrent findings of acquittal. However, where the situation is such that the only conclusion which could be arrived at from a comprehensive appraisal of evidence, shows that there has been a grave miscarriage of justice, then, notwithstanding such concurrent view, this Court would not restrict itself to adopt an oppugnant view. [Vide State of Uttar Pradesh v. Dan Singh]
iv) To adjudge whether the concurrent findings of acquittal are 'perverse' it is to be seen whether there has been failure of justice. This Court in Babu v. State of Kerala clarified the ambit of the term 'perversity' as "if the findings have been arrived at by ignoring or excluding relevant material or by taking into consideration irrelevant/admissible material. The finding may also be said to be perverse if it is 'against the weight of evidence', or if the finding so outrageously defies logic as to suffer from the vice of irrationality."
v) In situations of concurrent findings favoring accused, interference is required where the trial court adopted an incorrect approach in framing of an issue of fact and the appellate court whilst affirming the view of the trial court, lacked in appreciating the evidence produced by the accused in rebutting a legal presumption. [Vide Rajesh Jain v. Ajay Singh] Page 9 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined
vi) Furthermore, such interference is necessitated to safeguard interests of justice when the acquittal is based on some irrelevant grounds or fallacies in re-appreciation of any fundamental evidentiary material or a manifest error of law or in cases of non-adherence to the principles of natural justice or the decision is manifestly unjust or where an acquittal which is fundamentally based on an exaggerated adherence to the principle of granting benefit of doubt to the accused, is liable to be set aside. Say in cases where the court severed the connection between accused and criminality committed by him upon a cursory examination of evidences. [Vide State of Punjab v. Gurpreet Singh and Others and Rajesh Prasad v. State of Bihar.]
8. It is a settled principle of law that in an appeal against acquittal, the Appellate Court is circumscribed by limitation that no interference has to be made in the order of acquittal unless after appreciation of the evidence produced before the learned Trial Court, it appears that there are some manifest illegality of perversity which could not have been possibly arrived at by the Court. It is also a settled principle that there is no embargo on the Appellate Court to review the evidence but, generally the order of acquittal shall not be interfered with as the presumption of innocence of the accused is further strengthened by the order of acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are Page 10 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined possible on the evidence adduced in the case of the prosecution i.e.
(i) guilt of the accused and (ii) his innocence, the view, which is in favour of the accused, should be adopted, and if the trial Court has taken the view in favour of the accused, the Appellate Court should not disturb the findings of the acquittal. The Appellate Court can interfere with the judgment and order of acquittal only when there are compelling and substantial reasons and the order is clearly unreasonable and where the Appellate Court comes to conclusion that based on the evidence, the conviction is a must.
9. In light of the above, the evidence produced by the prosecution on record is appreciated and the prosecution has examined PW-1 Shantilal Jadavjibhai Patel at Exh.10 and PW-2 Amratlal Mahadevbhai Patel Exh.12. Both the witnesses are the panch witnesses of the panchnama produced at Exh.11, by which, both the accused were arrested by the Investigating Officer and the weapons used by the accused were seized during investigation but, both the panch witnesses have stated that while they were passing by the Mehsana Police Head Quarter, they were called by the police and asked to affix their signatures on the panchnama, Page 11 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined which was already prepared. That they affixed their signatures without reading the same and no person has been arrested in their presence and no weapons have been seized from any person in their presence. The witnesses have been declared hostile and during the lengthy cross-examination by the learned APP, nothing to support the case of the prosecution has come on record. 9.1. The prosecution has examined PW-3 Popatbhai Kanjibhai Senma at Exh.14 and the witness is the complainant, who has filed the complaint, which is produced at Exh.28. The witness has narrated the facts as stated in the complaint and has stated that after he was injured, he had gone to the Government Hospital, Kadi where the injury on his head was bandage and stitches were taken, and from there, he was referred to Mehsana but, he did not have money, and hence, he went to home. That he called the police to his home and and he was taken to Kadi Police Station, and from there, he went to Bhagyoday Hospital, Kadi for treatment, and thereafter, to Civil Hospital, Mehsana but, as X-ray machine was not working at Civil Hospital, Mehsana, he was taken to Civil Hospital, Ahmedabad. That the accused have filed a Page 12 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined complaint against him and the complainant has identified the muddamal sticks. During the cross-examination by the learned advocate for the accused, the witness has stated that he has not filed any complaint about the damage caused to the cycle of his son Dhaval. That he had repaired his cycle at Kadi but he does not know the name of shop keeper and the shop keeper had told him that the cycle would be repaired for Rs.250/-. That he did not go to bring the cycle till the date of his deposition and the incident went on for almost about 30 minutes and 3 to 5 persons had gathered at that time. That he had informed the doctor about the incident while he was taken treatment.
9.2. The prosecution has examined PW-4 Amratben Popatbhai Senma at Exh.15 and the witness is the wife of the complainant, who has fully supported the case of the prosecution. During the cross-examination by the learned advocate for the accused, the witness has stated that she does not know where the cycle was kept for repairing and they had a dispute with the accused since the cycle was damaged. That they had gone to the house of the accused No.1 and while they were talking for about Page 13 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined 30 minutes, about 100 persons including Ambalal Bhudarbhai, Harshadbhai Ratilal, Jivanbhai Polabhai and Dhirajbhai Jivanbhai and others had gathered but they did not intervene while her husband was being beaten by the accused. That when they went home, the police van had come to their house as the persons from Patel community had filed a complaint about liquor to the police. That her husband does not consume liquor and no cases under the Prohibition Act are registered against her husband. 9.3. The prosecution has examined PW-5 Bhikhabhai Lavjibhai Senma at Exh.16 and the witness is the panch witness of the panchnama of the place of offence, which is produced at Exh.17.
9.4. The prosecution has examined PW-6 Dhavalkumar Popatbhai Senma at Exh.19 and the witness is the son of the complainant, who has supported the case of the prosecution. During the cross-examination, the witness has stated that he had kept the cycle on the road in front of the shop of Lakshmanbhai and a number of vehicles passed by the road. That after his cycle Page 14 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined was damaged, he did not meet the accused No.1 and he did not demand for any amount for repairing of the cycle from the accused No.1. That his cycle was given to the shop of Dilabhai at Kadi for repairing but, it was not repaired till date and he was not informed about the cost of repairing. That on the day of the incident, he did not go to the house of the accused No.1.
9.5. PW-7 Dr. Ridhesh Baldevbhai Patel has been examined at Exh.20 and the witness is the Medical Officer, who was working as RMO at Bhagyoday Hospital, Kadi on 30.10.2008. The witness has stated that while he was on duty the complainant was brought for treatment with a history of assault and he had taken primary treatment at CHC, Kadi. That he had a bandaged injury on the head but he did not open the bandage and he was admitted on 30.10.2008 and discharged on the next date. The witness has produced the medical certificate at Exh.21. During the cross- examination, the witness has stated that in the certificate, it is not mentioned as to what time the patient had come for treatment and the witness has merely stated that he was assaulted and no names were mentioned in the history.
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NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined 9.6. The prosecution has examined PW-8 Akashkumar Maheshbhai at Exh.23 and the witness is the Medical Officer at CHC, Kadi on 29.10.2008. The witness has stated that at around 3:30 in the afternoon, the complainant was brought for treatment and on examining, he found that the complainant was drunk and was not in proper senses. That he had injury on his back and on his left side of his head, which was a CLW 2.5cm X 0.5cm on his left parietal region of his head. That he was referred to Civil Hospital, Ahmedabad for further treatment and the injuries could be caused by a hard and blunt substance. During the cross- examination, the witness has stated that the patient did not mention when, at what place and by how many persons he was assaulted and did not give any details about the weapons. 9.7. PW-9 Dilawarkhan Azamkhan Pathan, the PSO of Kadi Police Station, is examined at Exh.24/A and the witness had registered the FIR of the complainant with Kadi Police Station at II-C.R.No.219 of 2008 under Sections 323, 504, 506(2) and 114 of the IPC and Section 135 of the B.P.Act and Section 3(1)(10) of the Atrocity Act.
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NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined 9.8. The prosecution has examined PW-10 Dilipkumar Madhavrao Ralegavkar at Exh.27 and the witness was working as PSI in Kadi Police Station and he has stated that on 29.10.2008, the complainant had come to file the complaint and he has registered the complaint, which is produced at Exh.28. During the cross- examination, he had stated that he did not go to CHC, Kadi to take the complaint of the complainant.
9.9. PW-11 Khimjibhai Saluji Baranda has been examined at Exh.30 and the witness is the Investigating Officer, who had narrated in detail all the procedure that had undertaken by him during investigation of the offence. During the cross-examination, the witness has stated that the complainant did not file any complaint regarding damage caused to the cycle and he did not investigate in which store the cycle was given for repairing and what was the cost.
10. On minute appreciation of the entire evidence of the prosecution, the offence had occurred on 29.10.2008 in the afternoon and in the evidence, it has transpired that after the Page 17 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined incident, the complainant was taken to CHC, Kadi for treatment at 3:30pm and before the Medical Officer, the complainant has not named the person, who has assaulted him, the time and place where he was assaulted and the weapons, by which, he was assaulted. The Medical Officer, on examination, found that the complainant had consumedalcohol and was not well oriented and cooperative and an FIR under the Prohibition Act was registered against the complainant. As far as the evidence of the complainant is concerned, the complainant and his wife have been examined and the complainant has admitted that 4 to 5 persons had gathered and his wife has stated that about 100 persons had gathered but there is no independent eye witness to the incident. As per the complaint, the incident had occurred when the complainant went to the house of the accused No.1 for demanding the amount of compensation for the cycle of Dhaval, son of the complainant, which was damaged by the accused No.1 while he was reversing the tractor but, there is no iota of evidence that the cycle was damaged by the complainant. The complainant has not mentioned the name of the shop where he had given the cycle for repairing Page 18 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined and it appears that even after a long time, the complainant had not brought the cycle back after repairing. Moreover, the caste certificate of the complainant has been produced at Exh.31 in the deposition of the Investigation Officer and no Competent Authority is examined to show that the complainant was, in fact, of a scheduled caste. There is no iota of evidence that the incident has occurred at the time and place as stated by the complainant and the only evidence that emerges is that at the time of incident and thereafter, when the complainant went to take treatment, he had consumed liquor and was not oriented and cooperative before the Medical Officer.
11. In view of the above, the learned trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges leveled against them. The findings recorded by the learned Trial Court are absolutely just Page 19 of 20 Uploaded by F.S. KAZI(HC01075) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:01:52 IST 2025 NEUTRAL CITATION R/CR.A/281/2010 JUDGMENT DATED: 07/02/2025 undefined and proper and no illegality or infirmity has been committed by the learned trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
12. The impugned judgment and the order dated 28.10.2009 in Special Atrocity Case No.23 of 2009 passed by the learned Special Judge (Atrocity), Mehsana is hereby confirmed.
13. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
Sd/-
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