Gujarat High Court
State Of Gujarat vs Popat Giga Kuchhadiya on 23 July, 2025
NEUTRAL CITATION
R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 97 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
POPAT GIGA KUCHHADIYA & ORS.
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Appearance:
MR BHARGAV PANDYA, 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 MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 23/07/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. This appeal arises out of the judgment dated 29/09/2012 passed in Sessions Case No.38 of 2009 on the file of the learned District and Sessions Judge, Porbandar whereby the respondents who are A-1 to A-3 in the said case were acquitted of the charges for the offences punishable under Page 1 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025 NEUTRAL CITATION R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025 undefined Sections 307, 323, 325, 504 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act.
2. Briefly stated, it is the case of the prosecution that the de-facto complainant who is the injured in this case and examined as PW-19, belongs to one political party and A-1 to A-3 belong to other political party. In the election that took place prior to the date of offence, PW-19 supported the candidature of the person belonging to his party and his candidate won the election. The candidate supported by A-1 to A-3 was defeated and he lost the election. So, it is stated that A-1 to A-3 bore grudge against PW-19. While so, on 28/01/2009 at about 8:00 p.m., when PW-19 was standing before the pan-shop of PW-20 that A-1 to A-3 reached the said place. A-1 was armed with an axe and A-2 and to A-3 were armed with sticks. A-1 attacked PW-19 with the axe on his head and caused injury to him and A-2 and A-3 beat PW-19 with sticks and caused injures to him on his hand and other parts of the body. PW-19 who sustained head injury fell down on the ground. Thereafter, A-1 to A-3 left the place and went away.
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3. PW-21, who is nephew of the injured, has called the ambulance on phone and has taken him to the hospital where he was treated. Thereafter, PW-19 lodged report with the police on the next date i.e. 29/01/2009 while he was in the hospital. The said report was registered as an FIR for the offences punishable under Sections 307, 323, 325, 504 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act. The case was investigated. The accused were arrested on 29/01/2009 and it is stated that on the disclosure statement given by them that they led the police and mediators to the place where they have hidden the weapons used by them to attack the de-facto complainant and to cause injuries to the de-facto complainant. The police recovered the axe and two sticks at their instance in the presence of the mediators. It is stated that the said axe and two sticks are stained with blood. The police also recovered the blood stained clothes of the de-facto complainant and also of the accused in the presence of the mediators. The said weapons and the blood stained clothes were sent for examination by the expert to the Forensic Science Laboratory (FSL). Though the analyst found blood on the clothes and the weapons, the blood group of the said blood found on the clothes and the Page 3 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025 NEUTRAL CITATION R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025 undefined weapons could not be identified.
4. After completion of the investigation, the police filed charge sheet against A-1 to A-3 for the aforesaid offences.
5. In the trial court, after the accused made their appearance, charges for the offences punishable under Sections 307, 323, 325, 504 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act were framed against them. The charges were explained to them. A-1 to A- 3 denied the said charges and claimed to be tried.
6. At the conclusion of the trial, after considering the evidence on record and on appreciation of the same, the learned Sessions Judge found the accused not guilty for any of the charges levelled against them and acquitted them of the said charges by the impugned judgment.
7. Aggrieved by the said judgment of acquittal, the State has preferred the present appeal challenging the legality and validity of the impugned judgment of acquittal. Page 4 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025
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8. When the appeal came up for hearing, we have heard learned APP Mr. Bhargav Pandya for the State. Despite service of notice on respondent nos.1 to 3, none appeared for them. Even though we have provided an opportunity by adjourning the matter, respondent nos.1 to 3 did not appear today also and there is also no representation on their behalf. Therefore, as it is an old appeal of the year 2013 and listed on our board under the caption 'For Final Hearing in Critically Old Matters of year 2011 to 2020' we are not incline to further adjourn the appeal and we have decided to dispose of the appeal on the basis of the material available on record and on merits.
9. To substantiate the case of the prosecution, the prosecution got examined PW-1 to PW-28 witnesses and got marked 27 exhibits. But except PW-19 who is the injured and the de-facto complainant as well as the official witnesses who is the doctor who treated the injured and the Investigation Officer, all other witnesses including the eye witnesses to the incident and the panch witnesses completely turned hostile to the prosecution case and they did not support the prosecution case. As per the prosecution case, the offence took place Page 5 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025 NEUTRAL CITATION R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025 undefined before pan-shop of PW-20. So, it is the scene of offence in this case. But PW-20 who is the eye witness to the said incident did not support the prosecution case. He did not say that A-1 to A-3 attacked PW-19 in front of his pan-shop with the weapons like axe and sticks and beat him and caused injuries to him. Even PW-21 who is the nephew of PW-19 who according to the prosecution version has sent PW-19 to the hospital in an ambulance also did not support the prosecution case and he did not say that the accused beat PW-19 and that PW-19 has sustained injuries and that he has sent PW-19 to the hospital. Therefore, we do not have the eye witness account in this case to prove the case of the prosecution.
10. Although it is stated that the Investigation Officer has seized the weapons i.e. the axe and the sticks at the instance of the accused on the alleged disclosure statement given by them, the said seizure of the weapons is also not proved as the panch witnesses relating to the said seizure also did not support the prosecution case. Further, the blood group of the blood found on the said weapons could not be identified to match the same with the blood found on the clothes of PW-19. Similarly, even though the clothes of PW-19 and the accused Page 6 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025 NEUTRAL CITATION R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025 undefined are seized, the panch witnesses did not support the case of the prosecution and seizure of the said clothes of both the injured and the accused is not proved. The blood group on the said clothes is also not identified to match the same with the blood found on the weapons. Therefore, seizure of the said clothes and weapons is of no use to the case of the prosecution to prove that the accused beat PW-19 and caused injuries to him.
11. In the evidence of PW-19 who is injured witness, the trial court found certain infirmities and inconsistency in his evidence. The sticks said to have been used to beat him varied from the sticks spoken to by PW-19 in his evidence. So, considering the said infirmities in the evidence of the injured witness PW-19 and as all the material witnesses in the case turned hostile, the trial court, on appreciation of the said evidence, found the accused not guilty for the said offences and recorded the finding of acquittal in favour of them. Upon considering the said evidence on record and on reappraisal of the same, we are also of the considered view that the prosecution has failed to establish the guilt of the accused for any of the aforesaid charges levelled against them with legal Page 7 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025 NEUTRAL CITATION R/CR.A/97/2013 JUDGMENT DATED: 23/07/2025 undefined evidence. Therefore, the impugned judgment of acquittal of the trial court warrants no interference in this appeal and it is not liable to be set aside.
12. Resultantly, present appeal of the State is dismissed. Bail bond, if any, shall stand discharged.
13. Record and proceedings be sent back forthwith to the concerned court.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) ILA Page 8 of 8 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:31:36 IST 2025