Gujarat High Court
State Of Gujarat vs Gulmamad Ayubbhai Khod on 29 July, 2025
NEUTRAL CITATION
R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1056 of 2014
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
GULMAMAD AYUBBHAI KHOD & ORS.
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Appearance:
PUBLIC PROSECUTOR for the Appellant(s) No. 1
MR BHUNESH C RUPERA(3896) for the Opponent(s)/Respondent(s) No.
1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 29/07/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. This appeal arises out of the judgment dated 31.05.2014 passed in Sessions Case No.21 of 2013 on the file of the learned Additional Sessions Judge, Morbi, whereby the respondent nos.1 to 4 herein, who are A-1 to A-4 in the trial Court, were acquitted of the Page 1 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined charges for the offences punishable under Sections 302, 504 and 114 of IPC and 37(1) and 135(1) of the Gujarat Police Act.
2. Facts of the prosecution case lie in a narrow compass and may be stated as follows:
3. The wife of A-2 eloped with the person by name Allaudin Jusab (hereinafter referred to as "the deceased") and started living with him along with his first wife and children in his house. Therefore, A-1, who is the father of A-2, and A-3 and A-4, who are the brothers of A-2, got enraged as the deceased has been living with the wife of A-2 and it is stated that on 18.11.2012 at about 9 am, A-1 to A-4 went to the house of the deceased and A-1 stabbed the deceased with a knife in stomach while A-2 to A-4 caught hold of him. The deceased sustained serious stab injury in the said attack. He was taken to the hospital. While undergoing treatment in the hospital, he succumbed to the said injury. So, the wife of the deceased, who is Page 2 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined examined as P.W.-7, lodged a report with the police. The said report was registered as a case under Section 302, 504 and 114 of IPC and under Sections 37(1) and 135(1) of the Gujarat Police Act. The case was investigated. The dead body of the deceased was sent to postmortem examination. Inquest was also held over the dead body of the deceased. Both in the inquest and the postmortem examination, it was opined that the deceased died due to said injury sustained by him in the attack.
4. The accused no.1 was arrested on 21.11.2012 and A-2 to A-4 were arrested on 19.11.2012. On the disclosure statement said to have been given by the accused, that they will show the place where they have hidden the knife, it is stated that they led the police and the mediators to the place where the knife and other weapons used were hidden and at their instance, the knife was recovered along with other weapons by the police. Blood strains were found on the said weapons and they were sent to FSL for examination by the Page 3 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined chemical analyst. Blood group on the said weapons was identified which matched with the blood group of the deceased. After completion of the investigation, police laid the charge-sheet against the accused for the aforesaid offences.
5. In the trial Court, after the accused made their appearance, charges under Section 302, 504 and 114 of the IPC and under Section 37(1) and 135(1) of Gujarat Police Act were framed against the accused. They were read-over and explained to the accused. They denied the said charges and claimed to be tried.
6. In the trial, the prosecution got examined P.W. 1 to 12 witnesses and got marked 31 documents to prove its case against the accused.
7. After completion of the trial, after considering the evidence on record, the trial Court found the accused not guilty for the aforesaid charges levelled against them and acquitted them of the said charges by the impugned judgment.
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NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined
8. Aggrieved thereby, the State has preferred the present appeal challenging the validity of the said judgment of acquittal.
9. We have heard learned APP Ms. Krina Calla for the State and Learned Counsel for the respondents Ms. Kiran Parmar.
10. During the pendency of the appeal, the first respondent, who is A-1 in the said case, passed away on 28.02.2024. Death certificate to that effect was also produced by the learned Counsel for the respondents as well as learned APP along with report of the concerned Police Inspector. Therefore, the appeal against A-1, who is the main accused in the case stood abated.
11. So, there remains the case only against the respondent nos. 2 to 4, who are A-2 to A-4 in the trial Court. Although P.W.-7, who is the wife of the deceased, stated in the FIR lodged by her that all the accused A-1 Page 5 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined to A-4 armed with deadly weapons came to their house to attack the deceased and that A-1 stabbed him with knife in his stomach, in the cross-examination of P.W.- 7, she prevaricated from the said version given by her in the FIR and stated only A-1 came to their house and stabbed the deceased with the knife. She did not depose anything against A-2 to A-4 stating that they also came to their house armed with weapons and attacked the deceased and caused injuries to him. Therefore, there is absolutely no whisper in her evidence relating to any incriminating evidence given against A-2 to A-4. P.W.s -1, 3 and 5 are the other alleged eye-witnesses to the incident as per the prosecution version. P.W.-1 is the cousin brother of the deceased, P.W.-3 is the first wife of the deceased and P.W.-5 is the elder brother of the deceased. Even these three witnesses also did not speak anything incriminating against A-2 to A-4. They did not say that A-2 to A-4 also came along with A-1 to the house of the deceased and attacked him with any weapon and Page 6 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined caused injuries to him. On the other hand, they consistently stated in their evidence that only A-1 came to their house and stabbed the deceased with the knife. So, they completely eliminated the presence of A-2 to A-4 at the scene of offence when the said offence of murder took place. Therefore, there is absolutely no evidence whatsoever on record which is incriminating against A-2 to A-4 to prove their complicity in commission of the said offence along with A-1. Therefore, the prosecution has miserably failed to prove the guilt of respondent nos. 2 to 4, who are A-2 to A-4 in the trial court, for the offences with which they are charged in this case. There is not even an iota of evidence on record to hold them guilty for the said offences.
12. The trial Court, after considering the evidence on record and on proper appreciation of the same, has recorded a finding of acquittal in favour of the accused by the impugned judgment. We do not find any patent illegality or any error of law or any erroneous Page 7 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025 NEUTRAL CITATION R/CR.A/1056/2014 JUDGMENT DATED: 29/07/2025 undefined appreciation of evidence on record relating to the said finding of acquittal recorded by the trial Court. On reappraisal of the evidence on record, we also found absolutely no evidence against A-2 to A-4 to hold them guilty for any of the charges levelled against them. Therefore, the impugned judgment of acquittal of the trial Court is sustainable and it calls for no interference in this appeal. So, the appeal fails and liable to be dismissed.
13. Resultantly, the appeal is dismissed. Bail bonds, if any, stand cancelled. Record and Proceedings, be sent back to the trial Court concerned forthwith.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) Anuj Page 8 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:35:37 IST 2025