Gujarat High Court
State Of Gujarat vs Malla Abdulbhai Adambhai on 16 July, 2025
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R/CR.A/1205/2011 JUDGMENT DATED: 16/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1205 of 2011
With
R/CRIMINAL REVISION APPLICATION NO. 414 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO Sd/-
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Approved for Reporting Yes No
√
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STATE OF GUJARAT
Versus
MALLA ABDULBHAI ADAMBHAI & ORS.
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Appearance:
MS.C.M.SHAH, APP for the Appellant(s) No. 1
DELETED for the Opponent(s)/Respondent(s) No. 5
RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 16/07/2025
COMMON ORAL JUDGMENT
ORDER PASSED IN CRIMINAL APPEAL :
1. This appeal has been filed by the appellant - State
under Section 378(1)(3) of the Code of Criminal Procedure, 1973
(hereinafter referred to as 'the Code') against the judgment and the
order in Criminal Appeal No.7 of 2010 passed by the learned 2nd
Additional Sessions Judge, Dhangadhra (hereinafter referred to as
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'the learned Appellate Court') on 23.06.2011, whereby, the learned
Appellate Court has partly allowed the appeal preferred by the
appellants - accused and has modified the judgment and order of
conviction passed by the learned Judicial Magistrate, First Class,
Patadi, (hereinafter referred to as 'the learned Trial Court), in
Criminal Case No. 732 of 2000 on 23.04.2010, wherein, the learned
Trial Court convicted and sentenced the accused to undergo
simple imprisonment for three months and fine of Rs.1,000/-
(Rupees One Thousand Only) and in default, simple imprisonment
for one month for the offence punishable under Section 323 of the
Indian Penal Code (hereinafter referred to as 'the Code').
1.1. The respondents are hereinafter referred to as 'the
accused' as they stood in the rank and file in the original case, for
the sake of convenience, clarity and brevity.
2. The relevant facts leading to filing of the present
appeal are as under:
2.1. Vadgama Usmanbhai Mahammadbhai - the
complainant and the accused were neighbours and on 27.08.2008,
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the complainant and the accused had a quarrel. The accused no. 1
gave two blows with a stick on the head of the father of the
complainant, the accused no. 3 gave a blow on the back and the
accused no.2 gave a blow with the stick on the head of the witness
Mahebubbhai. The accused no.3 also gave a blow on the left leg of
witness BibiBen and all the accused beat up witness Sakinaben
with fists and the complainant filed the complaint under Sections-
324, 323, 504, 506 (2) and 114 of the IPC and Section-135 of the
Bombay Police Act, which was registered at Sada Police Station, I-
CR No.44 of 2000.
2.2. 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 papers were provided to the
accused as per the provisions of Section 207 of the Code and a
charge was framed by the learned Trial Court at Exh.3 and the
statements of the accused were recorded at Exhs.4 to 7
respectively, wherein, the accused denied all the contents of the
charge and the entire evidence of the prosecution was taken on
record. The prosecution has examined 14 witnesses and has
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produced 8 documentary evidences in support of the case.
2.3. After the evidence of the prosecution was closed, the
further statements of the accused under Section 313 of the Code
were recorded, wherein, all the accused denied the evidence on
record. After hearing the arguments of the learned APP and
learned advocate for the accused and after perusing the
documents on record, the learned Trial Court, by a judgment and
order dated 23.04.2010, was pleased to acquit the accused from the
offence under sections 324, 504, 506(2) of the IPC and Section 135
of the Bombay Police Act and was pleased to convict all the
accused for the offence under Section 323 of the IPC and sentenced
them to simple imprisonment for three months and fine of
Rs.1,000/- (Rupees One Thousand Only) and in default, simple
imprisonment for one month.
2.4. Being aggrieved and dissatisfied with the judgment
and order of conviction passed by the learned Trial Court, the
accused filed Criminal Appeal No.7 of 2010 before the Additional
Sessions Court, Dhangadhra, and after the arguments of the
learned advocates for the parties were heard and the evidence was
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re-appreciated, the learned 2nd Additional Session Judge,
Dhangadhra was pleased to confirm the order of conviction under
Section 323 of the IPC, but set aside the order of sentence of
imprisonment of 3 months and confirmed the order of fine of
Rs.1000/- each.
3. Heard learned APP Ms.C.M.Shah for the appellant -
State. Though served, the respondents - accused have not
appeared either in person or through an advocate. Perused the
impugned judgment and order of acquittal and have re-
appreciated the entire evidence of the prosecution on record of the
case.
4. Having perused the impugned judgment and order
passed by the Appellate Court, it appears that the learned
Appellate Court has modified the judgment and order passed by
the learned Trial Court qua the imprisonment of sentence;
however, has confirmed the order of conviction qua the fine. The
present appeal is filed by the appellant under Section 378(1)(3) of
the Code, and therefore, the present appeal is not maintainable,
and accordingly, the same stands disposed.
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ORDER PASSED IN CRIMINAL REVISION APPLICATION :
1. This revision application has been filed by the
revisionist - original accused no.2 against the judgment and the
order in Criminal Appeal No.7 of 2010 passed by the learned 2 nd
Additional Sessions Judge, Dhangadhra (hereinafter referred to as
'the learned Appellate Court') on 23.06.2011, whereby, the learned
Appellate Court has partly allowed the appeal preferred by the
appellants - accused and has modified the judgment and order of
conviction passed by the learned Judicial Magistrate, First Class,
Patadi, (hereinafter referred to as 'the learned Trial Court), in
Criminal Case No. 732 of 2000 on 23.04.2010, wherein, the learned
Trial Court convicted and sentenced the accused to undergo
simple imprisonment for three months and fine of Rs.1,000/-
(Rupees One Thousand Only) and in default, simple imprisonment
for one month for the offence punishable under Section 323 of the
Indian Penal Code (hereinafter referred to as 'the Code').
2. Having heard learned APP Ms.C.M.Shah for the
appellant - State in the captioned criminal appeal and having
perused the paper book on record as also having appreciated the
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entire oral and documentary evidence and the impugned
judgment and order passed by the learned Appellate Court and
learned Trial Court, when this Court has found that the order
passed by the Appellate Court confirming the conviction qua fine
is not required to be interfered and the captioned criminal appeal
came to be disposed of, the present revision application stands
disposed of accordingly.
Sd/-
(S. V. PINTO,J)
F.S.KAZI
