Gujarat High Court
State Of Gujarat vs Bhagwanjibhai Kurjibhai Kanani on 18 August, 2025
NEUTRAL CITATION
R/CR.A/986/2012 JUDGMENT DATED: 18/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 986 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO
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Approved for Reporting No
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STATE OF GUJARAT
Versus
BHAGWANJIBHAI KURJIBHAI KANANI & ORS.
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Appearance:
MR. PRANAV DHAGAT, APP for the Appellant(s) No. 1
MR PREMAL S RACHH(3297) for the Opponent(s)/Respondent(s) No.
1,2,3,4,5,6
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 7
RULE SERVED for the Opponent(s)/Respondent(s) No. 2,3,4,5,6
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 18/08/2025
ORAL JUDGMENT
1. The appeal is filed by the appellant State under
Section 378 of the Code of Criminal Procedure, 1973 against
the judgement and order of acquittal passed by the learned
Special Judge, Jamnagar (hereinafter referred to as “the
learned Trial Court”) in Special Case No. 6/2009 on
05.03.2012, whereby, the learned Trial Court has acquitted
the respondents for the offence punishable under Sections
143, 147, 148, 149, 323 and 504 of Indian Penal Code,
1860, Section 135(1) of the BP Act and Sections 3(1)(10) of
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Schedule Caste and Schedule Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as “the Atrocity
Act” for short).
1.1 The respondents are hereinafter referred to as “the
accused” in the rank and file as they stood in the original
case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case
are as under:
2.1 On 18.07.2008 at around 10.00 pm, the accused
armed themselves with sticks and hockey sticks and formed
an unlawful assembly having a common intention and
assaulted the complainant Gauriben – wife of Nanjibhai
Makwana, Hamirbhai Nanjibhai, Deepakbhai Nanjibhai and
Muljibhai Nanjibhai and caused them injuries, abused them
and hurled caste slurs against them. The complainant
Gauriben – wife of Nanjibhai Makwana filed the complaint at
the Bedi Marine Police Station under Sections 143, 147,
148, 323 and 504 of the Indian Penal Code, 1860, Section
135 of the B.P. Act and Section 3(1)(10) of the Atrocity Act,
which came to be registered as Bedi Marine Police Station I
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– C.R No. 21 of 2008.
2.2 The Investigating Officer recorded the statements of
the connected witnesses and seized the necessary
documents and after completion of investigation, a charge-
sheet came to be filed before the Court of the Judicial
Magistrate First Class, Jamnagar and as the said offences
against the accused were exclusively triable by the Court of
Sessions, the case was committed to the Sessions Court,
Jamnagar as per the provisions of Section 209 of Code of
Criminal Procedure and the case was registered as Special
Case No. 6/2009
2.3 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 police papers were
provided to the accused as per the provisions of Section 207
of the Code. A charge at Exh. 4 was framed against the
accused and the statements of the accused was recorded at
Exhs. 5, 6, 7, 8, 9, 10 and 11 respectively, wherein, the
accused denied the contents of the charge and the entire
evidence of the prosecution was taken on record.
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2.4 The prosecution examined 11 witnesses and produced
16 documentary evidences on record in support of their
case and after the learned Additional Public Prosecutor filed
the closing pursis, the further statement of the accused
under Section 313 of the Code of Criminal Procedure, 1973
was recorded and after the arguments of the learned
Additional Public Prosecutor and the learned advocate for
the accused were heard, the learned Trial Court by the
impugned judgement and order was pleased to acquit all the
accused from the charges levelled against them.
3. Being aggrieved and dissatisfied with the said
judgment and order of acquittal, the appellant – State has
filed the present appeal mainly stating that the impugned
judgment and order of acquittal passed by the learned Trial
Court is contrary to law and evidence on record and the
learned Trial Court has not appreciated the fact that all the
witnesses have supported the case of the prosecution and
during the cross-examination, nothing adverse has been
elicited in favor of the respondents. The case has been
proved beyond reasonable doubt and the prosecution has
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successfully established the case against the respondents
and the judgment and order of acquittal is unwarranted,
illegal, and without any basis in the eyes of the law and the
reasons stated while acquitting the respondent are
improper, perverse and bad in law. Hence the impugned
judgment and order passed by the learned Trial Court
deserves to be quashed and set aside.
4. Heard learned APP Mr. Pranav Dhagat for the
appellant State and learned advocate Mr. Gaurav Thummar
for learned advocate Mr. Premal Rachh for the respondent
nos. 1 to 6. Though served, the respondent no. 7 has not
remained present either in person or through an advocate.
Perused the impugned judgement and order of acquittal and
have reappreciated the entire evidence of the prosecution on
record of the case.
5. Learned APP Mr. Pranav Dhagat has taken this Court
through the entire evidence of the prosecution on record of
the case and submitted that the complainant has fully
supported the facts of his complaint. The impugned
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judgement and order is perverse and learned APP has urged
this Court to quash and set aside the same and find the
respondent guilty for the offences.
6. The law with regard to acquittal appeals is well
crystallized and in acquittal appeals, there is presumption
of innocence in favour of the accused and it has finally
culminated when a case ends in an acquittal. The learned
Trial Court has appreciated all the evidence and when the
learned Trial Court has come to a conclusion that the
prosecution has not proved the case beyond reasonable
doubts, the presumption of innocence in favour of the
accused gets strengthened. There is no inhibition to re
appreciate the evidence by the Appellate Court but if after
re appreciation, the view taken by the learned Trial Court
was a possible view, there is no reason for the Appellate
Court to interfere in the same.
7. To prove the offence against the accused, the
prosecution has in all examined ten witnesses. PW1 –
Gauriben Nanjibhai Makwana examined at Exh. 23 is the
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complainant who has stated that on 18.07.2008, her
husband Nanjibhai had gone to have paan at the shop of
Nanjibhai Patel at village Vibhapar, Taluka & District
Jamnagar. After having paan, when her husband was
leaving the shop, Rakesh – the son of the accused no. 3 was
going on a cycle and the cycle dashed with her husband
Nanjibhai. Her husband abused Rakesh and there was a
verbal altercation and all the accused formed an unlawful
assembly and assaulted Nanjibhai with sticks. The
complainant Gauriben and her son Hamirbhai reached the
place as someone came to call them. Thereafter, the
accused met them near the school and they all were
assaulted. The accused also hurled caste slurs against
them and she filed the complaint which is produced at Exh.
24. During the cross-examination by the learned advocate
for the accused, the witness has stated that the crossroads
near the school is a public place and there are many
residential houses and shops nearby and is always teeming
with people. The witness has admitted that her husband
had consumed liquor and he was creating a public
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nuisance and the accused had called the police and the
police had taken her husband and filed a case under the
Prohibition Act against her husband.
7.1 PW2 – Idris Abdulbhai Safiya examined at Exh. 27 and
PW5 – Mohammad Siddique Hassanbhai Gori examined at
Exh. 32 are the panch witnesses of the arrest panchnama
produced at Exh. 28. The witnesses have not supported the
case of the prosecution and have been declared hostile.
7.2 PW4 – Sanjaygiri Kishangiri Goswami examined at
Exh. 30 and PW6 – Vashrambhai Rajabhai Jogaswa
examined at Exh. 33 are the panch witnesses of the
panchnama of the place of offence which is produced at
Exh. 31. Both the witnesses have not supported the case of
the prosecution and have been declared hostile.
7.3 PW3 – Hamirbhai Nanjibhai @ Babubhai Makwana
examined at Exh. 29 is the son of the complainant and an
eyewitness to the incident. The witness has supported the
case of the prosecution and has stated that he does not
know the names of the accused and has stated that when
the police came to arrest them, all the accused assaulted
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them opposite the primary school. During the cross
examination by the learned advocate for the accused, the
witness has stated that he did not name the boy whose
cycle had dashed with his father as he did not know the
name of the boy but his mother had named him. When the
police had recorded his statement, his mother was with him
and she had dictated his statement to the police. Due to the
injuries, he was not bleeding and his clothes were torn and
given to the police. He did not name the accused in his
statement before the police and the police had filed a case
under the Prohibition Act against his father on the same
day. The witness has stated that all the accused had made
his brother Muljibhai sleep on a raised platform and
assaulted him with sticks which are normally with the
police on the back and thighs and they had assaulted him
and had caused him grievous injuries.
7.4 PW7 – Deepakbhai Nanjibhai Makwana examined at
Exh. 37 is the son of the complainant and an eyewitness to
the incident. The witness has supported the case of the
prosecution and has stated that while they were sitting
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outside after having their dinner, a boy came and informed
them that the accused were assaulting his father and hence,
they went to the place and his father had consumed liquor
and a case was filed against him. Due to the assault on his
father, his father’s hand was fractured and he was taken to
the Government Hospital at Jamnagar for treatment. During
the cross-examination, the witness has stated that they had
filed the case after taking treatment and he was given four
to five blows and his shirt was torn.
7.5 PW8 -Muljibhai Nathabhai Makwana examined at Exh.
42 is the nephew of the complainant and he is an injured
eyewitness as per the case of the prosecution and has
supported the case of the prosecution. During the cross-
examination, the witness has stated that he did not name
the accused in his statement before the police and all the
accused had made him lie down and assaulted him with
sticks and he was assaulted about 20 to 25 times with
sticks and hockey sticks. He was bleeding from his thighs
and right hand and his shirt was torn. He was admitted for
one day in the hospital and on the day of the incident, his
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uncle was drunk and a case under the Prohibition Act was
filed against his uncle.
7.6 PW9 – Kanjibhai Manjibhai Kanani examined at Exh.
46 has stated that on 19.07.2008, Nanjibhai Haribhai had
consumed liquor and was creating a public nuisance and
shouting abuses and one boy told him not to abuse and he
started beating the boy Rakesh. They went and informed the
Sarpanch and the Sarpanch informed the police and the
police came and took Nanjibhai Babubhai away. He does
not know what has occurred thereafter and the incident
occurred because Nanjibhai had consumed liquor and was
shouting abuses and there was a verbal altercation and the
Sarpanch had filed the complaint. During the cross-
examination by the learned advocate for the accused, the
witness has denied that Nanjibhai and his family members
were assaulted with sticks or other weapons.
7.7 PW10 – Dr. Ketan Babubhai Badla examined at Exh.
50 is the Medical Officer who was on duty at the Guru
Gobind Singh Hospital, Jamnagar on 18.07.2008 and
Deepakbhai Babubhai was brought for treatment. The
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witness has produced the MLC certificate of Deepakbhai
Babubhai at Exh. 51 and in the history he had stated that
he was beaten with pipe and sticks and many weapons by
15 people at 10.30 pm. On examination, he did not have
history of chest pain or abdominal pain and no history of
unconsciousness or ENT bleeding or vomiting or
convulsions. The x-ray of skull and abdomen were normal
and he was referred to the trauma department. At the same
time, Muljibhai Nathabhai was also examined and in his
history he had stated that he was beaten at 10.30 pm on
18.07.2008 near the school at Jamnagar. There was no
active bleeding, ENT bleeding, unconsciousness or vomiting
and the x-rays were all normal. The medical certificate of
Muljibhai Nathabhai is produced at Exh. 52 and Exh. 53.
On the same day, Nanjibhai Bhikhabhai was also brought
for treatment and he had a history of alleged assault at
Vibhapar village, Taluka Jamnagar at around 09.00 pm by
stick. He was taken to the Bedi Marine Police Station by the
police and brought to the Guru Gobind Singh Hospital. He
had pain in the left forearm and no history of bleeding from
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any side, no history of head injury or abdominal injury,
vomiting or convulsions and he was brought by Police
Constable – H.R. Jadeja, Buckle No. 1522. The witness has
produced the injury certificate of Nanjibhai Bhikhabhai at
Exh. 54 and Exh. 55. On the same day, Girdharbhai
Bapubhai was also examined at 11.25 pm and he had
alleged history of beaten with pipe on legs before an hour on
18.07.2008. The injury certificate is produced at Exh. 56.
During the cross examination, the witness has admitted
that if any visible injury was found on the patients, they
would be mentioned in the injury certificate and any
complaint of pain could be imaginary.
7.8 PW11 – Tersinhbhai Varsingbhai Parghi examined at
Exh. 66 is the Investigating Officer who has narrated the
procedure undertaken by him during investigation. During
the cross examination, the witness has stated that on the
same day, PSI – Shri K.K. Bhatt had filed a complaint under
Section 66(1B) of the Prohibition Act against Nanjibhai
Bhikhabhai and the FIR is produced at Exh. 79. During
investigation, no torn clothes of any persons were seized.
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8. On minute appreciation of the entire evidence of the
prosecution, the evidence that has emerged on record is
that on 18.07.2008 at around 09.00 pm, Nanjibhai
Makwana had gone to have paan at a shop and the cycle of
Rakesh – the son of accused no. 3, dashed with the said
Nanjibhai, and Nanjibhai was under the influence of alcohol
and he started abusing Rakeshbhai. They had a verbal
altercation and the complainant Gauriben – wife of
Nanjibhai Makwana and her sons – Hamirbhai Nanjibhai
and Deepakbhai Nanjibhai and her nephew Muljibhai
Nathabhai went to the place and the accused informed the
Sarpanch who in turn called the police. The police came
and took Nanjibhai Makwana as he was under the
influence of alcohol and filed a case under the under
Section 61(1B) and 85(1)(3) of the Prohibition Act which
was registered at C.R. No. 65 of 2008 on 18.07.2008 at
23.40 hours. The complainant – Gauriben Nanjibhai and
her sons Hamirbhai Nanjibhai, Deepakbhai Nanjibhai and
Muljibhai Nathabhai have stated that they were assaulted
with sticks and hockey sticks but if the evidence of the
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Medical Officer – PW10, Dr. Ketanbhai Babubhai Badha is
perused and the medical injury certificates produced at
Exh. 51 to Exh. 56 are perused, there are no visible injuries
on any of the persons. The complainant has stated that she
and Girdharbhai Babubhai and her husband Nanjibhai was
also assaulted but Girdharbhai Babubhai and Nanjibhai
Makwana have not been examined as witnesses before the
learned Trial Court. Only the family members have been
examined and as per the say of the complainant, the
incident has occurred near the primary school in a public
place where there are a number of residential houses and
shops but no independent witnesses have been examined
before the learned Trial Court. The medical evidence does
not support the case of the complainant and there is no iota
of evidence that the incident as mentioned by the
complainant has ever taken place.
9. In view of the settled position of law, the learned Trial
Court has appreciated the entire evidence in proper
perspective and there does not appear to be any infirmity
and illegality in the impugned judgment and order of
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acquittal. The learned Trial Court has appreciated all the
evidence and this Court is of the considered opinion that
the learned Trial Court was completely justified in
acquitting the accused of the charges leveled against them.
The findings recorded by the learned Trial Court are
absolutely just and proper and no illegality or infirmity has
been committed by the learned Trial Court and this Court is
in complete agreement with the findings, ultimate
conclusion and the resultant order of acquittal recorded by
the learned Trial Court. This Court finds no reason to
interfere with the impugned judgment and order and the
present appeal is devoid of merits and resultantly, the same
is dismissed.
10. The impugned judgement and order of acquittal
passed by the learned Special Judge, Jamnagar in Special
Case No. 6/2009 on 05.03.2012, is hereby confirmed.
11. Bail bond stands cancelled. Record and proceedings
be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J)
VASIM S. SAIYED
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