Gujarat High Court
State Of Gujarat vs Bhikhabhai Velabhai Bharwad on 20 March, 2026
NEUTRAL CITATION
R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1332 of 1999
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
and
HONOURABLE MR.JUSTICE D.N.RAY
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Approved for Reporting Yes No
NO
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STATE OF GUJARAT
Versus
BHIKHABHAI VELABHAI BHARWAD & ORS.
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Appearance:
MS MONALI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 1,2,3
MR HG RATHOD(1441) for the Opponent(s)/Respondent(s) No. 4,5,6,7
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D.
SUTHAR
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 20/03/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR)
1. Present appeal is directed by the appellant-State, challenging the judgment and order of acquittal dated 12.10.1999 passed by learned Additional Sessions Judge, Ahmedabad Rural, in Sessions Case No.221 of 1995, whereby Page 1 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined the learned Sessions Judge acquitted the accused persons - the opponents herein, for the offenceS punishable under Sections-147, 148, 149 and 302 of the IPC (Indian Penal Code, 1860).
2. It is pertinent to note that during the pendency of the present appeal, the respondent Nos. 1, 2 and 3, who are original accused Nos. 1 to 3 died and therefore, the appeal stands abated qua accused Nos. 1, 2 and 3 namely, accused No.1 - Bhikhabhai Velabhai Bharwad; accused No. 2 Bhavanbhai Kanabhai Bharwad and accused No.3 - Valjibhai Nathabhai Bharwad.
3. The brief facts of the prosecution case are that on 16.10.1999, after having dinner at night, the complainant and Sangram, the elder son of his grandfather, aged about 55 years, went out into the field to keep watch so that no person could make the cattle enter the paddy crop. The accused persons arrived at their 31-vigha field, known as the 'Shiruna Pak', at about half past one o'clock. While patrolling, they reached the boundary of the field; at that time, Sangram was walking ahead of the complainant. At that moment, Bharwad Page 2 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined Bhikha Ghela, Bhavan Kamna, Valji Natha, Lavji, Hira Gaga, Bhopa Bhoja, and Shana Popat, of the same village, were grazing their cattle in the wasteland near the paddy field of the complainant. When Sangram shouted at them, accused Bhikha Ghela, Bhavan Kana, Valji Natha, and Lalji approached Sangram and suddenly grabbed him. Therefore, the complainant did not go near them. Sangram shouted repeatedly, but the complainant was frightened. The accused Hira Gaga, Bhopa Bhoja, and Shana Popat ran after the complainant to catch him, saying that Sangram had fallen into their hands and had to be killed, and that they should not let this Kanu escape alive. Saying so, they chased him. However, the complainant ran away to a distance and, circling the fields, reached his house. Upon reaching home, he woke up Sangram's brother Jesingbhai and others and narrated the aforesaid facts. Thereafter, at about 4:00 o' clock, the complainant remained at his house, and thereafter, at about 5:00 o' clock, the complainant, Jesing Jiva, Vaghji, Manjibhai, and Dharamshibhai set out to search for Sangram in the fields. While searching, at about 11:00 o'clock, they found Sangram lying dead in the field of Harijan Shankar Trikambhai, of Rethal, near the ring dam on the outskirts of Page 3 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined Daduka. Blood was oozing from his mouth, and the dhoti he was wearing was also stained with blood. Thereafter, the complainant lodged a complaint at Sanand Police Station. After the complainant filed the complaint, the Investigating Officer visited the place of incident and drew the Inquest Panchnama and the Panchnama of the place of incident. Statements of the concerned witnesses were recorded, and at the end of the investigation, as there was sufficient evidence against the accused, a charge-sheet was filed in the Court of the Judicial Magistrate First Class, Sanand. As the Sessions Court alone has jurisdiction to conduct the trial for the offence under Section 302 of the IPC, the Judicial Magistrate First Class, Sanand, committed the case to the Sessions Court.
4. Accordingly, FIR being C.R.No.I-330/1994 came to be lodged before Sanand Police Station, Ahmedabad. Investigation was carried out and ultimately, a charge-sheet came to be filed against the accused persons for the offences punishable under Sections 302, 147, 148, 149 of the IPC before the jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions, the learned Magistrate, under Section 209 of the Cr.P.C. (Criminal Page 4 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined Procedure Code) committed the said case to the Court of learned Additional Sessions Judge, Ahmedabad Rural, which came to be numbered as Sessions Case No.221/1995. Since the accused did not plead guilty and claimed to be tried, they were tried for the said offences.
5. At the trial, in order to bring home the charges levelled against the accused, the prosecution examined 11 witnesses and also relied upon 16 pieces of documentary evidence.
6. At the end of the trial, and after recording the statements of the accused under Section 313 of the Code, and upon hearing the arguments on behalf of the prosecution and the defence, the learned trial Court acquitted the present respondents - accused from all the offences vide impugned judgment and order of acquittal dated 12.10.1999 in Sessions Case No.221/1995, as mentioned above.
7. Being aggrieved by the same, the appellant - State preferred the present appeal under Section 378 of the CrPC.
8. Heard the learned advocates for the respective parties. Page 5 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026
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9. Learned APP for the appellant - State has submitted that the judgment and order of acquittal passed by the learned Trial Court is against the weight of evidence and provisions of law. She further submitted that the learned Trial Court has not properly appreciated the oral as well as documentary evidence on record and has committed an error in appreciating the evidence of eye-witnesses, viz., Ishwarbahi Chaturbhai, examined at Exh.18 and Baldevbhai Danabhai, examined at Exh.20. These two witnesses have clearly deposed about the involvement of the accused persons and the time of the incident. They were in the company of the deceased Sangrambhai and had gone to the place of incident along with him. In his evidence, he has stated about the involvement of the accused persons and that the accused had beaten the Sangrambhai. There was no reason to disbelieve the evidence of said witnesses. The learned Trial Court has also failed to appreciate the evidence of Dr. Jayesh Nathalal Amin, examined at Exh.13, who has fully supported the case of the prosecution and proved the homicidal death due to injuries caused by the accused persons to the deceased, which succumbed to the same. The accused persons produced the Page 6 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined muddamal stick, which was recovered at their instance after drawing the necessary panchnama, and the same was supported by the panch-witness viz. Shantubhai Shivubha, examined at Exh.28. Therefore, there is no reason to disbelieve the said evidence. In view of the above, she has submitted that the acquittal recorded by the learned Sessions Judge is illegal, improper and bad in law. On the aforesaid contentions, the learned Additional Public Prosecutor submitted that the present appeal may kindly be allowed and the accused persons be convicted.
10. As against that, the learned advocate for the respondents - accused supported the judgment and order of the Trial Court, submitting that the same was passed after appreciating the evidence adduced on record by the prosecution. Hence, no interference is called for by this Court. Therefore, the appeal is required to be dismissed and the impugned judgment and order passed by the learned Trial Court is required to be confirmed.
11. Considering the law laid down in the case of Babu Sahebagouda Rudragoudar Vs. State of Karnataka, Page 7 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined reported in 2024 SCC OnLine SC 561, every criminal trial starts with a general presumption, and one of the cardinal principles of criminal jurisprudence is that there is a presumption of innocence in favour of the accused, unless proven guilty. The burden of proving the prosecution case always rests on the shoulder of the prosecution. As a consequence, the onus on the prosecution becomes more burdensome, as there is a double presumption of innocence, which gathers strength before the appellate Court.
12. It would be further apposite to refer the decision of the Hon'ble Apex Court in the case of Jafarudheen v. State of Kerala, reported in (2022) 8 SCC 440, which stated as under:-
"While dealing with an appeal against acquittal by invoking Section 378 CrPC, the appellate court has to consider whether the trial court's view can be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the appellate court has to be relatively slow in reversing the order of the trial court rendering acquittal. Therefore, the presumption in favour of the accused does not get weakened but only strengthened. Such a double presumption that ensures in favour of the accused has to be disturbed only by thorough scrutiny on the accepted legal parameters."Page 8 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026
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13. In order to prove the charges against the accused, the prosecution examined 11 witnesses and produced 16 documentary pieces of evidence. Thereafter, the statements of the accused came to be recorded under Section 313 of the Code, wherein they have pleaded innocence, and the accused also produced 16 documentary pieces of evidence in support of their defence. At the outset, the factum of death is not seriously disputed by either of the parties before the learned Trial Court. In order to establish the homicidal death of the deceased, the prosecution examined PW-24 Dr. Jayesh Nathalal Amin at Exh.13, who had conducted the autopsy, and he has opined that the cause of death was due to cardiorespiratory failure due to asphyxia. The autopsy report is produced at Exh.14, in which, in column No. 17, it is mentioned that an abrasion mark was found over the left size of middle sanfarm (vo) of upper 2/3 of thist. Further, it is further mentioned in column No.19 that internal injury qua brain is noted. No fracture is found. The tongue was cut and was outside of the month. The injuries found on the face were sufficient to cause death in the normal course. As per his opinion, the cause of death was due to asphyxia due to strangulation. He has admitted in his cross-examination that Page 9 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined at the time of autopsy, the tongue was inside the mouth and was cut by teeth. Further, he has admitted that due to an attack of epilepsy, a person may become unconscious, and at that time, there is a possibility of obstruction in the respiratory system. He has further admitted that in the post- mortem report, it was found that after prolonged asphyxia, within 08 to 10 minutes, a person may die. However, he has admitted that if there is complete asphyxia, the person is unable to shout; if nose is closed, a person can breath through the mouth, and if the mouth is closed, a person can breath through the nose. He further admitted that asphyxia means a person does not get the oxygen that he should normally get, and in such cases, there should be symptoms on the nails, etc. In a case of asphyxia, if the tongue is outside of mouth, then a bloody sticky substance should be discharged from the ears, nose and mouth. He has also admitted that the deceased died due to cardiac failure and that he did not know the previous medical history of the deceased, i.e.,whether the deceased had any heart or lung disease. He has admitted that if there is asphyxia, it causes swelling in the esophagus, but no such swelling was found. He further admitted that there is a big difference between ED and Conjunctivitis. Conjunctivitis Page 10 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined means abnormal accumulation of blood, whereas in ED, there is swelling in the esophagus but no blood accumulation. He further stated that though, in many cases, death is caused due to asphyxia, the symptoms of asphyxia are not always found. He further stated that in the present case, no injury was found on the nose. Considering the nature of the injuries and the medical evidence on record, the doctor opined that the deceased died due to cardiorespiratory failure due to asphyxia. As discussed hereinabove, the factum of death is not in dispute before the learned Trial Court, and the Trial Court rightly concluded that the death of the deceased was homicidal in nature.
14. Even if, for the sake of argument, it is accepted that the death of the deceased was homicidal in nature, the prosecution ought to have proved the involvement of the accused persons beyond reasonable doubts as to whether the present accused persons caused the death of the deceased. If we examine the arguments canvassed by the learned APP, it appears that the alleged incident took place at midnight in moonlight, and the accused are identified by the eye- witnesses. The complaint is filed by the complainant, Page 11 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined examined at Exh.16, and two other witnesses, viz. Ishwarbahi Chaturbhai at Exh.18 and Baldevbhai Danabhai at Exh.20, who are projected as eyewitnesses. Other witnesses have no personal knowledge about the incident. If we peruse the evidence of the complainant, it appears that villagers had filed complaints against persons of Bharwad community with regard to trespass of cattle, and due to such complaints, there was enmity between the Bharwad and Koli Patel communities. As per his evidence, he along with deceased Sangrambhai went to the field to take care of the crop, and at about 1 O'clock, when they reached the outskirts of field, the accused persons were grazing their cattle there and the deceased shouted and questioned them, upon which the accused persons came and caught hold of the deceased. At that time, the complainant became afraid and ran away from the place of incident. The accused persons, viz., Hira Gaga, Bhopa Bhoja, and Shana Popat, chased the complainant and shouted that Sangram had been caught by them and they would finish him and would not let the complainant escape alive. Hence, the complainant ran away from the place of incident and upon informing the younger brother of deceased Jesingbhai, Vaghjibhai, Manjibhai and Dharamshibhai, all five people Page 12 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined went in search of deceased Sangrambhai. On the next day, at 11:00 a.m., they found Sangram lying dead in the field of Harijan Shankar Trikambhai, of Rethal, near the ring dam on the outskirts of Daduka. Thereafter, the complaint came to be filed by the complainant. In the cross-examination, the said witness has stated that the accused persons did not assault the deceased in his presence and that he does not know about who assaulted him. Further, he has admitted that it would take about one hour to reach his house from the field, and from his field to reach the Ring Dam, it would take about 30 to 45 minutes.
15. The learned Sessions Judge has raised doubts about the knowledge and evidence of the said witness on two grounds:
(i) he remained silent for a long time, and (ii) his conduct is found unnatural, inasmuch as after reaching home, which is at a distance about 6 kms, he had not inform anyone about the alleged incident. Not only that, even after reaching the house of the deceased and informing Jesingbhai, who is examined at Exh.32, they did not attempt to rescue the deceased. Not only that, the complaint is filed belatedly after more than 11 hours delay. No explanation has been tendered as to why the Page 13 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined complaint was filed belatedly. Even otherwise, the said witness is not an eye-witness. Even if we accept the evidence of the said witness, except stating the presence of the accused, he had no knowledge and he had not utter whisper about the overt act or any act on the part of the accused persons. The learned Sessions Judge has, therefore, properly appreciated and discarded his evidence.
16. Coupled with the said version, if we consider the evidence of Ishwarbahi Chaturbhai (Exh.18) and Baldevbhai Danabhai (Exh.20), both claiming to eye-witnesses, it appears that both were together at the relevant time. As per the version of the said witnesses, both went to take care of their field at night hours considering the nuisance of cattle trespass and at that time, the had seen accused persons who had caught-hold the deceased Sangrambhai, they closed his mouth and they are going to hutch by sticks. In cross-examination, it appears that though the said witnesses came to know about the alleged incident, they remained silent even after reaching home. After the alleged incident came to light and the dead body was found on the next day at about 11:00 a.m. to 12:00 a.m., till the afternoon between 4:00 to 5:00 p.m., when the Page 14 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined police came, the witness remained silent. They had not uttered or whispered about the alleged incident to anyone. Thereafter, when the police officer called them to the Panchayat Office, they disclosed the incident. Even if the evidence of the said witness is considered, they were at a distance of about 1 to 1 & ½ k.m. Their fields were far from the field of deceased Sangrambhai. It is next to impossible to see and identify the involvement of the accused or the incident at the midnight or even in moonlight from such a distance. Even another conduct is required to be considered that there was no reason if alleged incident took place in the field of Sangrambhai, then the dead-body shifted in the field of Harijan Shankar Trikambhai,. The field of Harijan Shankar was situated at the distance of 1 and ½ kms. far from the field of deceased Sangrambhai. Though both the witnesses hiding themselves remained silent. There was no any reason to shift the dead-body to 1 and ½ kms. Hence, considering the aforesaid facts and they had given an account of the incident as they are the eye-witnesses though they stood at the distance of 1 and ½ kms. at a midnight, they had seen the incident.
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17. Considering the aforesaid facts, the presence of the said witnesses is not found to be natural. In view of the contradictions in their evidence, they have been rightly treated as chance witnesses by the learned Sessions Judge, who has properly appreciated and discarded their evidence. Though the incident came to the knowledge of the police and the police had interrogated several persons, at that stage there were no eye-witnesses; however, subsequently, the police came to know about such witnesses, but the Investigating Officer has not offered any explanation as to during the course of investigation, from whose statement such eye-witnesses were discovered. Considering the delay in recording their statements and the delay in lodging the complaint, the learned Sessions Judge has treated both witnesses as chance witnesses and found them unreliable. No serious injuries or fractures were found on the body; only a stick is alleged to have been used. The First Information Report is also found to be belated without proper explanation. In addition, no other independent witnesses have been examined to inspire confidence of the Court. If the witnesses are interested, their testimony is required to be scrutinized closely. A copy of the complaint was also sent to the Page 16 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined Magistrate belatedly. Considering the aforesaid facts, the learned Sessions Judge has rightly relied upon the decision in the case of Mehraj Singh v. State of U.P., reported in (1994) 5 SCC 188. Since other witnesses having no personal knowledge, no further discussion is required. The evidence of the said witnesses is not helpful to the prosecution case. Mere recovery of the weapon is not sufficient to hold the accused persons guilty.
18. No sufficient evidence was led before the learned Trial Court to prove the unlawful assembly under Section 141 of the IPC. In order to prove the offence under Section 143 of the IPC, the prosecution must prove the ingredients of the unlawful assembly. Further, in order to record a conviction with the aid of Section 149 of the IPC, the prosecution must establish the common object. Here, no sufficient evidence is produced on record to draw an inference qua common object. No evidence qua participation of the accused persons in forming an unlawful assembly is produced on record, and the prosecution has failed to prove the unlawful assembly and, common object, or an overt act on the part of the accused. Hence, the question does not arise to record conviction Page 17 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined merely based on presumption under Sections 147 and 148 of the IPC. No evidence qua breach of public tranquility or public peace is produced on record. Further, no evidence is led to show that the accused acted with common intention or in furtherance of such common intention.
19. It is needless to state that enmity is a double-edged weapon. Along with the further statement, a copy of the complaint filed by the accused persons against the deceased has been produced on record. In the absence of any corroborative piece of evidence, and considering the prior enmity, which is a double-edged weapon, it may, on the one hand, provide a motive for the commission of the offence, but on the other hand, it also does not rule out the possibility of false implication. Hence, from the nature of the evidence placed on the record by the prosecution, the possibility of the accused persons being falsely implicated on account of previous enmity cannot be ruled out. In this regard, reference is required to be made to the decision of the Hon'ble Supreme Court in Aslam @ Imran Vs. State of Madhya Pradesh, reported in 2025 (2) Cri. L.R. (Supreme) 523. Page 18 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026
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20. Furthermore, considering the rivalry between the two communities in connection with cattle trespass, the alleged incident took place. The enmity between the two communities by itself does not establish the motive and, in certain circumstances, such enmity may create a doubt regarding false implication of the accused. Considering that no independent witness has supported the prosecution case, it would not be safe to record a conviction solely on the basis of the testimony of the Investigating Officer without any corroborative piece of evidence. Therefore, the learned Trial Court has rightly concluded that the prosecution failed to prove the case against the accused beyond reasonable doubt, and no error has been committed by the Trial Court in acquitting the accused persons of the charges levelled against them.
21. Thus, it is a settled principle that while exercising appellate powers, even if two reasonable conclusions are possible based on the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial Court.
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22. Considering the cardinal principles of Criminal Jurisprudence, until and unless the offence is proved by the prosecution against the accused persons beyond all reasonable doubt, the accused is presumed to be innocent. It appears that the prosecution has failed to produce or adduce any clinching and material evidence of sterling quality, which connects the accused persons with the alleged offence.
23. In view of the above, the learned Sessions Judge has not committed any error in recording the acquittal, and the prosecution as well as the appellant has failed to prove the case against the accused persons beyond all reasonable doubt. Considering the aforesaid facts and reasons, and even upon going through the findings of the learned Trial Court, it appears that the same are just, legal and proper. Further, the learned APP has failed to point out any palpable error in the reasons assigned by the learned Trial Court, which are manifestly erroneous or unsustainable.
24. In view of the above, and in backdrop of the evidence adduced by the prosecution, material contradictions going to the root of the prosecution case have been noticed by the Page 20 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026 NEUTRAL CITATION R/CR.A/1332/1999 JUDGMENT DATED: 20/03/2026 undefined learned Trial Court, and as the prosecution has failed to prove the case against the accused beyond all reasonable doubt, the learned Trial Court has not committed any error in acquitting the accused.
25. Accordingly, the present appeal fails and is hereby dismissed. The judgment and order of acquittal dated 12.10.1999 passed by the learned Additional Sessions Judge, Ahmedabad Rural, in Sessions Case No.221 of 1995, stands confirmed. Bail bonds, if any, given by respondents-accused stands discharged. Record and proceedings be sent back to the concerned Trial Court forthwith.
(HASMUKH D. SUTHAR,J) (D.N.RAY,J) A. B. VAGHELA Page 21 of 21 Uploaded by A. B. VAGHELA(HC01079) on Mon Mar 30 2026 Downloaded on : Fri Apr 03 22:18:22 IST 2026