STATE OF GUJARAT vs ARVINDBHAI NATHUBHAI KHARA

Court
Gujarat High Court

R/CR.A/2426/2026 JUDGMENT DATED: 19/10/2026
(GJHC240610292026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2426 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ILESH J. VORA

and
HONOURABLE MR. JUSTICE R. T. VACHHANI

==========================================================
Approved for Reporting Yes No
==========================================================
STATE OF GUJARAT
Versus
ARVINDBHAI NATHUBHAI KHARA
==========================================================
Appearance:
MS VRUNDA SHAH, APP for the Appellant(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 19/10/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Here is the Appeal by the State under Section 419 of BNSS
(corresponding Section 378 of the Cr.P.C.) against the judgment and order
of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned
Sessions Judge, Jamkhambhaliya, Devbhumi-Dwarka, passed in Sessions
Case No. 127 of 2022 dated 23.09.2025, acquitting the accused Arvind
Nathubhai from the offences punishable under Sections 302, 307, 504,
114 of the IPC and Section 135 of the G.P. Act.
Page 1 of 5
Uploaded by RAKESH M KOSHTI(HC00950) on Mon Oct 19 2026 Downloaded on : Mon Oct 19 16:41:11 IST 2026

R/CR.A/2426/2026 JUDGMENT DATED: 19/10/2026
(GJHC240610292026)
3. We have heard Ms.Vrunda Shah, learned APP for the State
appellant.
4. Brief facts giving rise to file the present Appeal are that on
28.09.2022 at about 03:30 p.m., the deceased Polabhai Rajabhai and his
wife Somiben had gone to the house of the accused and during the
discussions about the sale of stone slab, the dispute arose between the
parties and in that process, the accused hurled abusive and in a fit of rage,
the accused Govind Nathu fatally assaulted the deceased Polabhai with
the weapon axe and the complainant Somiben, when intervened, she was
beaten by the respondent accused Arvind Khara on her left leg and head
with the weapon stick, as a result, deceased Polabhai succumbed to
injuries and complainant Somiben sustained grievous injuries. The
incident was reported to the Bhanvan Police Station and after registration
of the offences, as referred above, and upon completion of the
investigation, the accused were chargesheeted for the offences. The case
was committed to the Court of Sessions at Jamkhambhaliya.
5. The learned Sessions Judge framed charges to which the accused
pleaded not guilty and claimed trial.
6. In order to prove the charge, the prosecution has examined as many
as 28 witnesses and produced and proved 48 documentary evidence.
Admittedly, during the pendency of the case, the principal accused
Govind Khara, who had killed the deceased Polabhai has been passed
away and case against him stands abated.
7. On conclusion of oral evidence, the Trial Court recorded further
statements of the accused as provided under Section 313 of the Code,
Page 2 of 5
Uploaded by RAKESH M KOSHTI(HC00950) on Mon Oct 19 2026 Downloaded on : Mon Oct 19 16:41:11 IST 2026

R/CR.A/2426/2026 JUDGMENT DATED: 19/10/2026
(GJHC240610292026)
wherein, the A2 claimed his innocence and stated that he has been falsely
implicated in the offence.
8. The learned Sessions Judge, after appreciating and examining the
oral as well as documentary evidence, acquitted the accused herein for the
offences with which he was charged, however, the A2 Arvind Nathu
stands convicted for the offence punishable under Section 324 of the IPC
for causing injuries to the complainant Somiben and after hearing him, he
has been sentenced to undergo three years rigorous imprisonment.
9. In such circumstances, the Trial Court while acquitting the accused,
held and observed that the prosecution has miserably failed to prove the
charge of murder and criminal intimidation against the accused no.2 by
leading cogent and convincing evidence.
10. Ms.Vrunda Shah, learned APP appearing for and on behalf of the
State, assailing the judgment and order of acquittal, has submitted that the
findings of acquittal are contrary to law and evidence on record and the
findings recorded are palpably erroneous and based on the irrelevant
material; that the Trial Court failed to appreciate that at the time of
incident, the respondent accused Arvind Khara was present along with the
principal accused and the manner in which, he had caused the injuries to
the complainant, the legitimate inference would arise that there was
abatement by him to the principal accused and in pursuance of the
abatement, he caused injuries to Somiben and therefore, considering the
vicarious liability, the respondent accused, though did not have caused a
fatal injuries to the deceased, but he will be liable for the abatement and
therefore, his acquittal for the charge of Section 302 is contrary to the
Page 3 of 5
Uploaded by RAKESH M KOSHTI(HC00950) on Mon Oct 19 2026 Downloaded on : Mon Oct 19 16:41:11 IST 2026

R/CR.A/2426/2026 JUDGMENT DATED: 19/10/2026
(GJHC240610292026)
evidence on record.
11. In such circumstances, the view taken by the trial Court is
unreasonable and findings are perverse, which has resulted into
miscarriage of justice and therefore, it has been submitted that the appeal
may be admitted.
12. In the present case the issue falls for our consideration as to whether
the trial Court was justified in acquitting the accused?
13. We have carefully examined the oral as well as documentary evidence
and perused the findings of acquittal rendered by the Trial Court.
14. Before proceeding to address the rival submissions, we would like
to place on record the scope of interference in an appeal against the
acquittal and when the same is justified. In exceptional cases, where there
are compelling circumstances and the judgment under appeal is found to
be perverse, the appellate court can interfere with the judgment of
acquittal. The Appellate Court should bear in mind the presence of
innocence of the accused and further that, the trial Court’s acquittal
bolsters the presumption of his innocence. Interference in a routine
manner, where the other view of possible should be avoided, unless there
are reasons for interference.
15. In the facts of the present case, it is not in dispute that the death of
the deceased is homicidal in nature.
16. The respondent accused Arvind Khara did not have inflicted any
blow to deceased Polabhai. According to the prosecution case, he had
Page 4 of 5
Uploaded by RAKESH M KOSHTI(HC00950) on Mon Oct 19 2026 Downloaded on : Mon Oct 19 16:41:11 IST 2026

R/CR.A/2426/2026 JUDGMENT DATED: 19/10/2026
(GJHC240610292026)
caused injuries to the complainant Somiben. Admittedly, he has been
found guilty for causing grievous hurt to Somiben. In such circumstances,
having regard to the conduct of the respondent accused and evidence of
eyewitnesses, merely presence of the accused would itself is not
sufficient to infer that he had abetted the principal accused and the
injuries caused to Somiben was committed in pursuance of the abatement.
Therefore, the necessary ingredients of the offence to prove the charge of
murder are missing and as such, there is no sufficient evidence led by the
prosecution to prove the charge against the respondent accused.
17. Thus, after reanalysis of the evidence, we are of the considered
opinion that the prosecution miserably failed to prove the charge of
murder, punishable under Section 302 and charge under Section 504 of
the IPC read with Section 114 against the accused respondent beyond
reasonable doubt.
18. In the result, we do not find any perversity in the impugned
judgment and in absence of substantial and compelling reason, no ground
exists to interfere with the findings of acquittal recorded by the Trial
Court and therefore, in our view, the Trial Court was justified in
acquitting the accused.
19. Accordingly, the appeal stands dismissed at admission stage. R&P,
if any, be sent back to the concerned court forthwith.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
Rakesh
Page 5 of 5
Uploaded by RAKESH M KOSHTI(HC00950) on Mon Oct 19 2026 Downloaded on : Mon Oct 19 16:41:11 IST 2026