CR.A/384/1987 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 384 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= STATE OF GUJ - Appellant Versus KOLI BHANA SAVJI & 9 ORS - Opponents ================================================= Appearance : MS. MITA PANCHAL,LD. APP for Appellant: MS. BANNA DUTTA (appointed) for Respondents. ================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 29/07/2008 ORAL JUDGMENT (Per : HONOURABLE MR. JUSTICE BHAGWATI PRASAD) CR.A/384/1987 2/3 JUDGMENT 1. Present appeal is filed by the State against the judgment of acquittal passed by learned Sessions Judge, Amreli in Sessions Case No. 1 of 1986 dated 31/3/1987. Heard Learned counsels for the appellant State and the Respondents. 2. Learned Trial Court after considering the case of the prosecution came to the conclusion that this was a case where both the parties entangled to a free fight, therefore section 149 was excluded. Regarding identity, learned trial Judge observed that it was not possible to identify any particular accused for any particular injury caused because injured eye witnesses would not have been able to say who was the author of the particular injury. In this background learned trial Judge acquitted all the present respondents / original accused. 3. Regarding two other accused i.e. Koli Kesha Manji and Koli Manji Lakhman – original accused No. 6 & 8 respectively of Sessions Case No. 1 of 1986 who were convicted by the Sessions Judge under Section 302 I.P. Code, had preferred Criminal Appeal No. 366 of 1987 before this Court. Aforesaid two accused persons had died during pendency of their appeal being Criminal Appeal No. 366 of 1987 and therefore their appeal came to be abated by this Court vide order dated 23/11/1994. 4. Since those who were convicted have died and their appeal came to be abated, and in the findings of the learned Sessions Judge the respondents in the present appeal are held to be CR.A/384/1987 3/3 JUDGMENT not the authors of the injuries caused to the injured, section 149 was excluded. Therefore there would not be any hitch in expressing agreement with the findings recorded by the trial Court because it was a case of free fight. In this background present appeal against acquittal would not survive as no particular role is assigned to any of the respondents/accused. Therefore it is difficult to reverse the findings of the trial Court and convert the judgment of acquittal into conviction. 5. Present appeal therefore is not maintainable. In the result the appeal fails and is dismissed. Bail bonds shall stand cancelled. Registry is directed to send record & proceedings to the trial Court forthwith. [ BHAGWATI PRASAD, J ] [ S.R. BRAHMBHATT, J ] /vgn