State Of Gujarat vs Kalubhai Labhubhai Barot
2021 Latest Caselaw 9771 Guj

      R/CR.MA/11614/2021                                     ORDER DATED: 28/07/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 11614 of 2021
                                   In
                    R/CRIMINAL APPEAL NO. 904 of 2021
                                  With
                    R/CRIMINAL APPEAL NO. 904 of 2021
==========================================================
                               STATE OF GUJARAT
                                     Versus
                           KALUBHAI LABHUBHAI BAROT
==========================================================
Appearance:
MS JIRGA Jhaveri, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1,2,3
==========================================================

     CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
           and
           HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                 Date : 28/07/2021

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

ORDER IN CR.MA NO.11614 OF 2021

1. This is an application preferred seeking to challenge judgment and order of acquittal dated 26.05.2016 passed by 8th (Ad-hoc) Additional Session Judge, Panchmahal at Godhra, in Session Case No.79 of 2015.

2. According to the case of the prosecution, 20.02.2015, the resident of Pratappur, the first informant Jaydipsinh Amarsing Solanki lodged an FIR being C.R. No.I-23 of 2015 for the offences punishable under sections 302, 201, 120B and 114 of the Indian Penal Code and section 135 of the Gujarat Police Act, who stated that he is the Sarparnch of village Pratappura and at about 7.30 hrs., in the morning, while he

R/CR.MA/11614/2021 ORDER DATED: 28/07/2021

went to attend a natural call, he came to know from the villagers that one motorcycle was lying at the road going to the agricultural field and one man was lying with the blood on his clothes. On visit of the place, he placed Hero Honda motorcycle in black colour and a dead body of a male person around aged 35 years in profuse bleeding on his clothes. He had injuries on certain parts of his body. On intimating the police, it was realized that owner of the motorcycle was Shri Arvind Ishvarbhai Patel, resident of Amrapali Society, Halol. The FIR dated 20.02.2015, had been investigated and culminated into the charge-sheet. After its committal, Sessions Case No.79 of 2015 proceeded, resulted into acquittal of the accused.

3. We have heard learned APP Ms. Jirga Jhaveri, who has taken us through the material on the record and the judgment to urge that this case though rest on circumstantial evidence, as there are plenty of material, which ought to have been regarded by the Court, and while appreciating the evidence. According to her, that only the discovery panchnama provides a very strong link to the opponent-accused. The medical evidence coupled with the evidence of FSL would also surely link the accused with the crime in question. We could notice that not only the killing had happened at secluded place, the blood stained clothes of the accused had been burnt. The motive was not to return money which had been taken from the deceased of the sum of Rs.10,000/-. The detailed appreciation of evidence can take place as rightly

R/CR.MA/11614/2021 ORDER DATED: 28/07/2021

urged by the learned APP at an appropriate time, presently there appears to be sufficient evidence for the Court to grant leave to appeal.

4. Application accordingly allowed.

Sd/-

(SONIA GOKANI, J)

Sd/-

(RAJENDRA M. SAREEN,J)

ORDER IN CR.MA NO.904 OF 2021

ADMIT.

Issue Notice of admission, returnable on 13.08.2021.

Record and proceedings be called for along with paper-book, so as to reach this Court within a period of eight months.

Sd/-

(SONIA GOKANI, J)

Sd/-

(RAJENDRA M. SAREEN,J) MEHUL B. TUVAR