Gujarat High Court
State Of Gujarat vs Patel Narayanbhai Becharbhai on 20 February, 2025
NEUTRAL CITATION
R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 979 of 2008
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO
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Approved for Reporting Yes No
No
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STATE OF GUJARAT
Versus
PATEL NARAYANBHAI BECHARBHAI & ANR.
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Appearance:
MS.JIRGA JHAVERI, APP for the Appellant(s) No. 1
DS AFF.NOT FILED (R) for the Opponent(s)/Respondent(s) No. 3
MR MC BAROT(144) for the Opponent(s)/Respondent(s) No. 1
MR TEJAS M BAROT(2964) for the Opponent(s)/Respondent(s) No. 1
MR. KULDEEP D VAIDYA(7045) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 20/02/2025
ORAL JUDGMENT
1. This appeal has been filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special (ATRO) Judge, Mehsana (hereinafter referred to as "the learned Trial Court") in Special (ATRO) Case No. 36 of 2007 on 22-11-2007, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 323, 504 and 506(2) of the Indian Penal Code, Page 1 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined 1860 (hereinafter referred to as " IPC") and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1885 (hereafter referred to as "Atrocities Act".). 1.1 The respondent is hereinafter referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 On 05/02/2007 at around 10:00 am, the complainant - Govindbhai Hamirbhai Parmar (Harijan-Chamar), his wife Ranjan, Natwarbhai Kantibhai Parmar, Bhavanbhai Somabhai Parmar, were standing at the bus-stand at around 10:15am and Naranbhai Becharbhai came from the opposite side and as the complainant had to take the wages for the labour contract, he demanded the same from him and Naranbhai Becharbhai got angry and abused the complainant and used the caste-slurs and threatened to cut him into pieces and kill him. The accused also tried to physically assault the complainant and at that time, his wife Ranjanben, Natwarbhai Kantibhai Parmar, Bhavanbhai Somabhai Parmar and Ambarji Govaji Thakor of Dhodiya village intervened and released him from the hold of Naranbhai Bechardas Patel. That the complainant Govindbhai Hamirbhai Parmar (Harijan-Chamar) had taken a labour Page 2 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined contract of Dhodiya village from the Sarpanch Naranbhai Bechardas Patel and he was paid some amount and an amount of Rs.1,25,000/- was outstanding and as the complainant demanded for the same, the incident has occurred. The complainant filed the complaint at Kadi Police Station under Sections 323, 504 and 506(2) of the IPC and Section 3(1)(10) of the Atrocities Act and which was registered as I-C.R.No.6 of 2007. 2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a chargesheet came to be filed before the Court of learned Judicial Magistrate First Class, Kadi and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Mahesana as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (ATRO) Case No. 36 of 2007.
2.3 The accused were duly served with the summons and the accused appeared before the learned 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. A charge at Exh. 2 was framed against the accused and the statement of the accused was recorded at Exh. 3, wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record. Page 3 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025
NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined 2.4 The prosecution produced the following evidence to bring home the charge against the accused.
ORAL EVIDENCE
Sr. P.W. Name of the witnesses Exh.
No. Nos
1. 1. Govindbhai Hamirbhai Parmar 06
2. 2. Sambhuji Jehraji Thakore 09
3. 3. Amraji Govaji Thakore 11
4. 4. Madarji Laxmanji Thakore 12
5. 5. Ranjanben Govindbhai Parmar 16
6. 6. Jayantilal Karmanbhai Vachhani 17
7. 7. Dr. Rohitkumar Vasudevbhai Patel 27
DOCUMENTARY EVIDENCE
Sr. Particulars Exh.
No.
1. Complaint 07
2. Caste Certificate of Complainant 08
3. Panchnama of scene of offence 10
4. Depute Order 13
5. Yadi 14
6. Arrest Panchnama 15
7. Caste Certificate of accused 18
8. Vouchers 20 to 27
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NEUTRAL CITATION
R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025
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9 Injury certificate 28
2.5 After the learned Additional Public Prosecutor filed the closing
pursis at Exh. 29, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 were recorded, wherein, the accused denied all the evidence of the prosecution on record. The accused refused to step into the witness box or examine witnesses on his behalf and stated that a false case has been filed against him. After the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned trial Court by the impugned judgment and order was pleased to acquit the accused from all the charges leveled against him.
3. Being aggrieved and dissatisfied with the said judgement and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgement and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and during the cross- examination, nothing adverse has been elicited in favour of the respondent. The case has been proved beyond reasonable doubts and the prosecution has successfully established the case against the respondent Page 5 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined and the judgement and order of acquittal is unwarranted, illegal and without any basis in the eyes of law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.
4. Heard learned APP Ms. Jirga Jhaveri for the appellant State and learned advocate Mr. Kuldeep Vaidya for the respondent-accused. Perused the impugned judgement and order of acquittal and have reappreciated the entire evidence of the prosecution on record of the case.
5. Learned APP Ms. Jirga Jhaveri has taken this Court through the entire evidence of the prosecution on record of the case and has submitted that the prosecution has produced oral evidences of nine witnesses and fifteen documentary evidences but the learned trial Court has not appreciated the evidence and has wrongly come to the conclusion that the prosecution has not proved the case beyond reasonable doubts. The reasons given by the learned trial Court are shaky and there are no cogent reasons to arrive at the conclusion that the charge against the accused are not proved. The learned trial Court has not appreciated the entire evidence in proper perspective. Learned APP has urged this Court Page 6 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined that the impugned judgement and order is improper, perverse and bad in law and is required to be quashed and set aside.
6. Learned advocate Mr. Kuldeep Vaidya for the respondent has submitted that the learned Trial Court has appreciated all the evidences and passed the judgement and order of acquittal which is just and proper and no interference is required in the same and learned advocate for the respondent has urged this court to reject the appeal of the appellant.
7. 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 acquittal appeals in the case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415, wherein, the Apex Court has observed as under:
Recently, in Kallu v. 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; Page 7 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025
NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined (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 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.
8. The law with regard to acquittal appeals is well crystallized and in acquittal appeals, there is a presumption of innocence in favour of the accused and it has finally culminated when a case ends in an acquittal. The learned Trial Court has appreciated all the evidence and when the learned Trial Court has come to a conclusion that the prosecution has not proved the case beyond reasonable doubts, the presumption of innocence in favour of the accused gets strengthened. There is no inhibition to re Page 8 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined appreciate the evidence by the Appellate Court but if after re appreciation, the view taken by the learned Trial Court was a possible view, there is no reason for the Appellate Court to interfere in the same.
9. In light on the above settled principles of law and considering the evidence on the prosecution, to bring home the charge against the accused, the prosecution has examined Prosecution Witness No. 1 Govindbhai Hamirbhai Parmar at Exh. 06 and the witness is the complainant, who has stated that the incident occurred on 05/02/2007 on the road of Dhodiya village. The accused is the Sarpanch of Dhodiya Village and he, his wife Ranjan and his nephew Natwarbhai were standing at the bus stop and an amount of Rs.1,25,000/- was to be paid by the Sarpanch, which was unpaid for one year and when the accused came the bus stand, the complainant demanded for his money and the accused got angry and abused him and physically assaulted him. The accused used caste slurs and threatened to kill him and cut him into pieces. That his wife Ranjanben and his nephew Natwarbhai intervened and he went to the hospital on 06/02/2007 and filed the complaint, which is produced at Exh. 7.
During the cross examination by the learned advocate for the accused, the witness has stated that he has completed all the work given to him by the Panchayat and he has not given any notice or written a Page 9 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined letter to the Dhodiya Gram Panchayat for the accounts. That he did not go to the Sarpanch for demanding his money and did not give any notice through his advocate. That whenever the panchayat would pay him the money, they would take a receipt and the amount was paid in cash. The Social Welfare Department, gives assistance to person of the Baxi Panch for a residential house and in his statement before the police, he has stated that his money for construction of the house is pending from the Social Welfare Department. The scheme is Din Dayal Scheme and an amount of Rs.40,000/- is given as assistance. That after a report is sent by the Supervisor of the Taluka Panchayat, the payment is made and a cheque in the name of owner is given. That the accused had given him goods of for Rs.66000/- which was to be paid after the assistance was given and he had bought onions worth Rs.5000/- from the accused. That he had to pay an amount of Rs.71,000/- for cement and other goods to the accused. The place, where the incident occurred, has a number of pan cabins and he had gone to the hospital on the next day. 9.1 The prosecution has examined Prosecution Witness No. 2 Shambhuji Jehraji Thakore at Exh: 09 and the witness is the panch witness of the panchnama of the place of offence, which is produced at Exh. 10.
9.2 The prosecution has examined Prosecution Witness No. 3 Amraji Page 10 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined Govaji Thakore at Exh: 11 and this witness is the eye witness, who as per the case of the prosecution, was present at the time of incident. The witness has supported the case of the prosecution and has deposed as per the complaint.
During the cross-examination by the learned advocate for the accused, the witness has stated that his house is very near to the bus stand and he was going to the bus stand as he wanted to go to Kadi. That when he reached the place, a verbal altercation was going on and there were a number of persons were present and he intervened and sent them away. That the Gram Panchayat has constructed a water tank and his son Rajuji had earlier constructed a Kacha shed and was residing at the same place. That his son filed an application for a house in Din Dayal Scheme and the accused had not constructed the ceiling of the house of his son. 9.3 The prosecution has examined Prosecution Witness No. 4 Madarji Laxmanji Thakore at Exh: 12 and this witness is the eye-witness and the panch witness of the arrest panchnama of the accused, which is produced at Exh. 50. The witness has stated that, a verbal altercation had taken place between the complainant and the accused and the accused was abusing the complainant but when he reached the place of incident, everything was over and he had affixed his signature on the panchnama produced at Exh.10, which was the panchnama of place of offence. Page 11 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025
NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined During the cross-examination by the learned advocate for the accused, the witness has stated that the incident lasted for five minutes and thereafter, every one went away and eight to ten persons were present at that time. That when Amraji Govaji came, the accused had gone away. 9.4 The prosecution has examined Prosecution Witness No. 5 Ranjanben Govindbhai Parmar at Exh: 16 and the witness is wife of the complainant and this witness has supported the case of the prosecution.
During the cross examination by the learned advocate for the accused, the witness has stated that five to six persons were present at the time of the incident, and the accused had assaulted her husband on the stomach and on the chest. That Amraji Govaji was known to her prior to the incident.
9.5 The prosecution has examined Prosecution Witness No. 6 Jayantilal Karmanbhai Vachhani at Exh:17 and the witness is the Investigating Officer who has investigated the offence and has narrated all the procedure undertaken during the investigation.
During the cross-examination by the learned advocate for the accused, the witness has stated that the incident had taken place as the complainant has to take some money from the accused but he had not inquired whether any amount was outstanding from the panchayat. That he had recorded the statement of Ashaben - Talati of Dhodiya Gram Page 12 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined Panchayat and she had produced some vouchers. That, the complainant had to take an amount of Rs.1,25,000/- from the panchayat but he has not inquired, as to whether, the amount was actually due from the panchayat. That, he has not inquired, as to whether, the complainant is actually a member of the scheduled caste or scheduled tribe. 9.6 The prosecution has examined Prosecution Witness No. 7 Dr. Rohitkumar Vasudev Patel at Exh. 27 and the witness the medical officer, who has examined and treated the complainant on 06/02/2007, when he was on duty at Community Health Center, Kadi. The complainant Govindbhai Hamirbhai Parmar (Harijan-Chamar) came for treatment on 11:00 am and he had given the history of physical assaulted on 05/02/2007 at 10:00 am. The complainant was conscious oriented and cooperative and following injuries were found on his body on examination.
Multiple small abrasions on the left lower thigh with a dry bluish-red scab present; one of them measures 3 cm × 0.5 cm.
Pain in the mid-chest with no swelling, no marks, and no tenderness. Pain in the upper abdomen with no swelling, no marks, and no tenderness.
Pain in the occipital region of the scalp with no swelling, no marks, and no tenderness.
A bluish-red abrasion on the left upper thigh with surrounding skin appearing bluish; a dry bluish-red scab is present, measuring 1 cm × 1 cm.
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NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined The injuries were caused by hard and blunt object and would heal within two and three days. The witness has produced the medical certificate at Exh.28.
During the cross-examination of the learned advocate for the accused, the witness has stated that patient came without police Yadi and injury Nos. 1 and 5 were normal injuries and injury Nos. 2 to 4 did not have any marks. That, any injury would become reddish after two to three days and the injuries on the complainant were two to three days old. That if a person, doing labour work of Mason falls on bricks , he would sustain the same type of injuries.
10. On minute dissection of the entire evidence of the prosecution, as per the case of the prosecution, the incident has occurred on the Dhodiya Bus stand and at that time, many people were present but the prosecution has not examined any independent witness. The witnesses that have been examined, did not specifically say whether any caste-slur words were used and the complainant has gone for the medical treatment on the next day but he has not named the person, who has assaulted him before the medical officer. It appears that the Investigating Officer has not investigated about the caste of the complainant and the caste certificate is merely produced by the complainant during his deposition and no witnesses have been examined for the caste certificate. In the absence of Page 14 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025 NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined any independent corroboration by any person and in the absence of any evidence as to whether the amount of Rs.1,25,000/-, which was the genesis of the incident on record, it can be said that there is no iota of evidence that incident has occurred on the date and time as mentioned by the complainant.
11. In view of the settled position of law in the decisions of Chandrappa (supra), 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 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.
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NEUTRAL CITATION R/CR.A/979/2008 JUDGMENT DATED: 20/02/2025 undefined
12. The impugned judgement and order of acquittal passed by the learned Special (ATRO) Judge, Mehsana in Special (ATRO) Case No. 36 of 2007 on 22-11-2007, is hereby confirmed.
13. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J) VVM Page 16 of 16 Uploaded by VISHAL MISHRA(HC01088) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:50 IST 2025