Gujarat High Court
State Of Gujarat vs Jaimin Rajubhai Ramani on 2 July, 2025
NEUTRAL CITATION
R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 122 of 2013
With
R/CRIMINAL APPEAL NO. 823 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
JAIMIN RAJUBHAI RAMANI
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Appearance:
MS KRINA CALLA, APP for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the
Opponent(s)/Respondent(s) No. 1
MR TEJAS BAROT, SR ADVOCATE with MS RHEA
CHOKSHI(10808) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
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NEUTRAL CITATION
R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025
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Date : 02/07/2025
COMMON ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. As these two appeals arise out of the same judgment rendered in Sessions Case No. 56 of 2011 by learned Additional Sessions Judge, Amreli dated 22.11.2012, one preferred by the State and another by the de facto complainant, they are heard together and are being disposed of by this common judgment.
2. The respondent herein is the sole accused in Sessions Case No. 56 of 2011 on the file of learned Additional Sessions Judge, Amreli. He was prosecuted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (herein after referred to as, the IPC). Eventually, he was acquitted of the said charge by the trial Court as he was not found guilty of commission of said offence of murder as alleged by the prosecution.
2.1 Therefore, aggrieved by the impugned judgment of acquittal, Page 2 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined both, the State as well as the de facto complainant who is PW-19, have preferred these two appeals assailing the legality and validity of the impugned judgment of acquittal.
3. Briefly stated, it is the case of the prosecution that on 29.04.2011 between 11:30 a.m. and 11.45 a.m. there was a quarrel between a person by name Mayur (herein after referred to as "the deceased") and the accused opposite to a electrical shop in Hira Moti Chowk market, Amreli relating to a monetary dispute which is pending between both of them. In the said quarrel, it is stated that the accused attacked the deceased with a knife and caused multiple injuries to him on his body. After the deceased who sustained the said multiple injuries at the hands of the accused, fell unconscious driver of one auto-rickshaw took him in his auto-rickshaw to the Government hospital, Amreli. The doctor, who examined him, declared that he was brought dead. So, post mortem examination was held over the dead body of the deceased on the same day at about 3:45 p.m. The doctor found 11 injuries on his body and he opined that he died on account of cardio respiratory arrest due Page 3 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined to shock due to severe haemorrhage due to injuries on the vital organs i.e. both lungs, liver and intestine. Inquest was also held over his dead body and the persons, in whose presence the inquest was held, also opined regarding his apparent cause of death that he died due to the injuries found on his body.
3.1 It is stated that the auto-rickshaw driver, who took the deceased to the hospital, informed about the incident to the uncle of the deceased who is examined as PW-14. This PW-14, in turn, informed about the same to the brother of the deceased, who is examined as PW-19. So, PW-19 lodged a report with the police on 29.04.2011 at about 1:30 p.m. The said report was registered for the offence punishable under Section 302 of the IPC against the accused. 3.2 The case was investigated. During the course of investigation, the accused was arrested on 30.04.2011. It is stated that the accused voluntarily surrendered before the police on that day along with his blood stained clothes and one blood stained knife. It is also stated that he has confessed regarding commission of offence and on the Page 4 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined disclosure statement given by him as to where another knife used in commission of offence was hidden, that he led the police to the place where it was hidden and at his instance, another knife was seized by the police in the presence of mediators. The blood stained clothes of the deceased were also seized in the hospital. The said blood stained clothes of both the deceased and the accused and the blood stained knife produced by the accused, were sent for examination by Chemical Analyst, to the Forensic Science Laboratory (FSL). The blood of the accused and the blood of the deceased was also collected and it was sent to ascertain their blood groups. The blood group of accused was identified as 'B' group but the blood group of the deceased could not be identified. The blood found on the clothes of the accused is found to be of 'AB' group and the blood found on the clothes of the deceased was also found to be of 'AB' group. Similarly, the blood found on the knife was also identified as of 'AB' group.
3.3 Therefore, after completion of investigation, the police have filed Charge-sheet against the accused for the offence punishable Page 5 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined under Section 302 of the IPC.
3.4 After committal of the case to the Court of Sessions Division, it was made over to the learned Additional Sessions Judge, Amreli for trial. The trial Court framed sole charge for the offence punishable under Section 302 of the IPC against the accused. The accused abjured the guilt and claimed to be tried. During the course of trial, prosecution got examined PW-1 to PW-22 witnesses and got marked 22 exhibits.
3.5 At the culmination of the trial, after considering the said oral and documentary evidence, which include the medical evidence on record, the trial Court found the accused not guilty for the aforesaid offence punishable under Section 302 of the IPC and acquitted him of the said charge.
3.6 Aggrieved thereby, both, the State and the de facto complainant who is examined as PW-19, have preferred these appeals questioning the legality and validity of the impugned Page 6 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined judgment of acquittal.
4. When these appeal came up for hearing, we have heard Ms. Krina Calla, learned Additional Public Prosecutor for the appellant - State in Criminal Appeal No. 122 of 2013, Mr. Ashish M. Dagli, learned counsel for the appellant - de facto complainant in Criminal Appeal No. 823 of 2013 and Mr. Tejas Barot, Senior Advocate, learned counsel appearing with Ms. Rhea Choksi for the respondent - accused, at length.
5. At the outset, it is significant to note here that the offence took place in a broad daylight between 11:30 a.m. and 11:45 a.m. and in a busy locality i.e. Hira Moti Chowk, Amreli, in front of a electrical shop. When the offence took place in a broad daylight in a market place, surprisingly, no eye-witness to the incident was examined by the prosecution to prove that it is the accused who has attacked the deceased with the knife and caused the said multiple injuries which resulted into his death and thereby, killed him. Not even a single witness from the vicinity at the scene of offence who are doing Page 7 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined business in the said market or who are residing there or who are present there, has been examined by the prosecution to prove that it is the accused who is the culprit who committed the murder of the deceased. No explanation is absolutely forthcoming from the evidence of the Investigation Officer for non-examination of any of the said material witnesses from the said market where the offence took place. It is a serious lapse on the part of the Investigation Officer. It is also fatal to the case of the prosecution as the material witnesses, who have witnessed the incident at the scene of offence, were not examined in this case.
5.1 PW-19 is the brother of the deceased. According to his version in the testimony given by him, he has seen two persons quarreling i.e. his brother who is the deceased and another person. He stated that his brother was covering his face with a napkin. But, he could not give the details of the person who quarreled with the deceased and who attacked him with the knife and caused injuries to him and killed him. Thus, he does not know who is the person who attacked the deceased and he also did not name the person who Page 8 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined attacked the deceased and he also did not specifically say that it is the accused herein who is the assailant who attacked the deceased with the knife and killed him. So, his evidence is not at all useful to the prosecution to prove and establish that it is the accused who is the culprit who has committed the said murder by causing the said fatal injuries to the deceased.
5.2 PW-14 is the uncle of the deceased. According to him and even according to the case of the prosecution, one auto-rickshaw driver brought the deceased to the hospital from the scene of offence and he informed about the incident to this PW-14 and this PW-14, in turn, informed the same to the PW-19 who is the complainant and brother of the deceased. This PW-14 is admittedly not an eye- witness to the incident. He was not present at the scene of offence when the offence took place. His evidence is only a hearsay evidence as it is stated that the auto-rickshaw driver informed him about the incident. But, surprisingly, the said auto-rickshaw driver was not examined in this case. He was not examined by the Investigation Officer during the course of investigation and he was Page 9 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined not cited as an eye-witness to the case. He is a material witness for all practical purposes as it is stated that he brought the deceased from the scene of offence to the hospital. So, he is the best person to speak as to who attacked the deceased and caused injuries to him and killed him. So, the material witness in this case is not examined by the prosecution. His evidence has been deliberately suppressed by the prosecution. No explanation is forthcoming regarding his non-examination. Therefore, adverse inference under Section 114(g) of the Indian Evidence Act, 1872 (Evidence Act) is to be drawn on account of the non-examination of the said material witness and inference that could be drawn in the facts and circumstance of the case is that if he is examined that as his evidence would be unfavourable to the prosecution, that his evidence has been deliberately suppressed by the prosecution. So, his non-examination is fatal to the case of the prosecution and it is also a clear lapse on the part of the Investigation Officer.
5.3 Although PW-14 stated that the auto-rickshaw driver informed him about the incident, his evidence shows that some unknown auto Page 10 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined driver informed him about the incident. This appears to be a concocted version. How, the driver of the auto-rickshaw who is a stranger to PW-14 knows that PW-14 is the uncle of the deceased and informed him about the incident is not explained by the prosecution.
5.4 Even though, PW-14 also stated that there are disputes between the accused and the deceased relating to a monetary transaction, the Investigation Officer stated that this PW-14 did not state about the said fact before him in his earlier statement recorded during the course of investigation. Therefore, it is a significant omission made by him in his earlier statement and it clearly proves that it is a deliberate improvement made by him as a result of afterthought during the course of trial of the case for the purpose of attributing motive to the accused for attacking the deceased. Further, there is no valid evidence that was adduced by the prosecution to prove that there is any enmity between the accused and the deceased relating to any such monetary dispute to establish any such motive.
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NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined 5.5 The fact that the accused himself surrendered before the police along with his blood stained clothes and one blood stained knife and that the same were recovered from him, is also not proved in this case by the prosecution. The mediators in whose presence he was allegedly arrested on his alleged voluntary surrender and in whose presence, the said blood stained clothes of the accused and the knife were recovered, did not support of the said version of the prosecution. Therefore, the seizure of the said blood stained clothes and the knife from the accused, is not proved. So, the fact that some blood of 'AB' group was found on the said clothes along with the blood of 'AB' group on the clothes of the deceased, is of no use when the seizure of the said blood stained clothes from the accused is not proved. Similarly, the fact that 'AB' group blood was found on the said knife is also not of any use as its seizure from the accused is also not proved. The seizure of the another knife at the instance of the accused is also not proved as the said mediators also did not support the said version of the prosecution. Even otherwise, no blood was found on the said knife to connect the said knife to the offence. Further, the blood group of the deceased was not Page 12 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined established in this case. Admittedly, even though the blood of the deceased was sent for examination, his blood group was not identified as 'AB' blood group. In fact, his blood group could not be identified. So, even if any blood of 'AB' group was found on the clothes of the accused and the knife, it is of no use to connect to the offence as the blood group of the deceased could not be established. 5.6 As already observed supra, there is no eye-witness to the incident to prove that the accused is the culprit who attacked the deceased and caused the said fatal injuries to him which are found on his body in the post mortem examination, which ultimately, resulted into his death. So, even though the medical evidence on record proves that the deceased succumbed to the injuries sustained by him which are found on his body, which are fatal in nature and thereby, met with homicidal death, it is not proved in this case with any acceptable legal evidence by the prosecution that it is the accused who has caused the said injuries and that he is responsible for the homicidal death of the deceased. So, the complicity of the accused in commission of the said offence is not proved beyond any Page 13 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined reasonable doubt.
5.7 Even though, PW-19, who is the brother of the deceased stated that he has seen somebody quarreled with his brother, no Test Identification Parade was held by the Investigation Officer to identify the accused as the culprit. It is pertinent to note here that even though PW-19 has shown the accused in the Court for the first time at the time of giving evidence, he has admitted in his cross- examination that he does not know the accused previously. Therefore, when he has not prior acquaintance with the accused and when he does not know him previously, his identification for the first time in the Court after long lapse of time during the course of trial cannot be believed and the said evidence cannot be accepted. 5.8 Therefore, after considering the said evidence on record and on proper appreciation of the same, the trial Court arrived at a right conclusion and found the accused not guilty of the said offence punishable under Section 302 of the IPC. It does not suffer from any legal flaw or infirmity. Upon considering the said evidence on Page 14 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025 NEUTRAL CITATION R/CR.A/122/2013 JUDGMENT DATED: 02/07/2025 undefined record and on reappraisal of the same, we also found that the prosecution has failed to establish the guilt of the accused with acceptable legal evidence beyond all reasonable doubt and more particularly, his identity as the person who was involved in commission of the offence is not proved. There is not even a semblance of evidence on record to that effect. Therefore, the judgment of acquittal of the trial Court is perfectly sustainable under law and it warrants no interference in these appeals. So, the appeals fail and are liable to be dismissed.
6. In fine, present appeals are dismissed affirming the judgment of acquittal of the trial Court. Bail bond shall stand discharged. R&P be returned to the trial Court, forthwith.
[ Cheekati Manavendranath Roy, J. ] [ D. M. Vyas, J. ] hiren/11tss2725 Page 15 of 15 Uploaded by HIREN MER(HC00351) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:51:52 IST 2025