CR.A/1232/1985 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1232 of 1985 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 GUJARAT Versus GUMANBHAI CHHITABHAI VASAVA & OTHERS ====================================== Appearance : Mr SP Hasurkar, APP for the Appellant MR MJ BUDDHBHATTI for the Opponents ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 07/07/2008 CR.A/1232/1985 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard learned counsel for the parties. On 29.3.1981 the complainant – Parshottambhai and his son Dipakbhai went to village Tharia where they had their agricultural lands. It is their case that the Sarpanch of the said village has called them and when they were going to their fields accused Nos.1 to 8, who were in guava tree attacked the complainant and others pursuant to which the accused persons were prosecuted and convicted by the learned Judicial Magistrate First Class, Ankleshwar vide judgment and order dated 31st March 1983. Being aggrieved by the said judgment, accused have preferred appeal before the Additional District Sessions Judge being Criminal Appeal No.8 of 1993. After considering the evidence at length, the learned Additional Sessions Judge was of the view that the evidence on record is not sufficient and reliable and trustworthy to bring home the charge against the accused beyond shadow of reasonable doubt against them. The accused Nos.1 to 3 who were convicted by the learned Magistrate were acquitted by the learned Sessions Judge by his judgment and order dated 31st May 1985. It is a case wherein the learned Magistrate, after trial, has recorded a finding of conviction. The conviction recorded by the learned Magistrate is challenged in appeal by the accused. In appeal, the learned Sessions Judge was of the opinion that the accused is not liable to be convicted. Hence, acquittal was recorded by the Sessions Judge. The State has filed this appeal proposing to reverse the order of CR.A/1232/1985 3/3 JUDGMENT the learned Sessions Judge who recorded acquittal. The offence is alleged under Sections 323, 324 and 325 of the Indian Penal Code. The incident had occurred on 29th October 1981. Considering the time lapsed from the date of the offence and the offence being of minor character, this Court feels that no useful purpose would be served by interfering with the order of acquittal. Therefore, we are persuaded not to go into the case in great details and observe that the findings are being of minor character, the accused could have even been left on probation. But, when once the acquittal has been recorded, we are not persuaded that the findings of the Sessions Judge are perverse or are of the character, which can be said to be of a shocking character. In that view of the matter, we hereby accept the reasoning given by the Sessions Court and set aside the findings given by the learned Magistrate. In the result, we approve the reasons given by the Sessions Judge and State appeal is accordingly dismissed. Office is directed to send the record and proceedings to the trial Court forthwith. (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd