Anish Farooqbhai Antaria vs State Of Gujarat
2025 Latest Caselaw 8400 Guj

Gujarat High Court

Anish Farooqbhai Antaria vs State Of Gujarat on 27 November, 2025

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                            R/CR.A/1086/2025                                        ORDER DATED: 27/11/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1086 of 2025

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                                                ANISH FAROOQBHAI ANTARIA
                                                          Versus
                                                 STATE OF GUJARAT & ORS.
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                      Appearance:
                      MR.ALOK M THAKKAR(6510) for the Appellant(s) No. 1
                      MR M N SHAIKH(11323) for the Opponent(s)/Respondent(s) No. 2,4,5
                      MR MOHAMMEDASAD M KADIWALA(12733) for the
                      Opponent(s)/Respondent(s) No. 2,4,5
                      PRATEEK S BHATIA(8629) for the Opponent(s)/Respondent(s) No. 3
                      MR PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1
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                        CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
                              and
                              HONOURABLE MR.JUSTICE D. M. VYAS

                                                       Date : 27/11/2025

                                                 ORAL ORDER

(PER : HONOURABLE MR.JUSTICE D. M. VYAS)

1. The instant appeal is preferred by the original complainant/victim assailing the judgment dated 25.10.2024 passed in Sessions Case No.163 of 2023 by the Court of learned 11th Additional District and Sessions Judge, Rajkot whereby the respondents nos.2 to 5, who are accused nos.1 to 4 in the said case were acquitted for the offences punishable under Section 302, 307 and 323 of the read with Section 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. Briefly stated, the facts of the prosecution case are as follows:

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2.1 That, an FIR No.11208050230300/2023was registered on 25.04.2023 with A Division Police Station, Rajkot City for the abovementioned offences against the respondent nos.2 to 5 by the appellant- de facto complainant for murder of his uncle namely Sajidbhai and attempt to murder of the appellant for the dispute over fruit cart parking on 24.04.2023. It is further alleged that the appellant, while trying to save his uncle, was also severely assaulted. Consequently, the FIR was registered.

2.2 After registering the crime, investigation was carried out. The investigating officer has filed chargsheet against the accused for the aforesaid offences.

3. After committal of the case by the committal court to the Court of Sessions, the trial Court has framed the charges for the above offences and the accused denied the commission of any such offence and claimed to be tried. The trial took place in the trial Court. The prosecution has examined 22 witnesses and produced 25 documentary evidences to prove the charges levelled against the accused.

The trial Court, after considering the both oral and documentary evidence as well as the medical evidence, the learned Sessions Judge, after appreciating the evidence on record, found the accused not guilty for any of the aforesaid charges and thereby acquitted the accused for the aforesaid charges.

4. Aggrieved thereby, the original complainant/victim has preferred the present appeal against the said judgment of

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acquittal.

5. We have heard learned Counsel for the appellant, learned APP and learned Counsel for the respondents at length on the facts and point of law and perused the impugned judgment, record and proceedings and evidence available on record.

6. The prosecution has examined the complainant/injured as a P.W.-1 vide exhibit 16. He has not supported the prosecution case and turned hostile. The appellant/victim himself stated in his deposition that he died due to the heart attack. During the cross-examination, he has admitted the fact that there was no dispute with the respondents-accused. Considering these facts and that though the complainant is the injured witness of the alleged incident, he did not support the prosecution case.

7. The prosecution has examined sons of the deceased namely (1) Avesh Sajidbhai and (2) Ejaz Sajidbhai vide exhibit 18 and 19 respectively. Both the material witnesses have not supported the prosecution case and turned hostile.

8. The prosecution has examined the witnesses (1) Irfanbhai Sidiqbhai Shaikh (2) Ajay Ratilal Kanabar and (3) Maheshbhai Kishorbhai Someshwar vide exhibit 35, 56 and 57 respectively. All the three witnesses have not supported the prosecution case and turned hostile.

9. The prosecution has examined medical officer Chirag Navinchandra Gajera vide exhibit 24. He has stated at

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length the facts of the postmortem of deceased and also stated the facts of external and internal injuries on the body of deceased.

10. The Forensic Medicine Department, vide its final opinion, has given the cause of the death of the deceased, wherein, the cause of the death of the deceased was as under:

"Died due to cardiorespiratory failure on ccount of coronary insufficiency precipitated by injuries present over body."

11. Considering the material evidence on record, it appears that the appellant - de facto complainant/injured witness himself not supported the prosecution case and turned hostile. Not only that, the sons of the deceased and eye- witnesses have also not supported the prosecution case. In other words, no direct evidence on record to prove the charges levelled against the respondent-accused.

12. The learned Sessions Judge, after considering the facts and circumstances of the case, the evidence on record and on proper appreciation of the same, arrived at a right conclusion and recorded a finding of acquittal against the respondents-accused.

13. We have deeply scrutinize the prosecution evidence and after appreciation of the said evidence on record and after carefully considering the facts and circumstances of the case, we absolutely find no valid legal ground warranting interference of this Court in the impugned

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judgment of acquittal rendered by the learned Sessions Court. The findings recorded by the trial Court on the basis of proper appreciation of the evidence on record and they are not perverse and not required to interfered in the impugned judgment.

14. Therefore, there is absolutely no valid ground even to admit this appeal. At this stage, it is required to refer provisions of Section 425 of the BNSS. The same are as under:

"425. Summary dismissal of appeal.

(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:

Provided that-

(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;

(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 424 has been dismissed

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summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law."

15. Considering the facts of the subject matter and in viedw of the reasons stated hereinabove, r esultantly, the appeal is dismissed at the admission stage itself.

16. Record and proceedings be sent back forthwith to the concerned court.

(N.S.SANJAY GOWDA,J)

(D. M. VYAS, J) Anuj