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CR.MA/7612/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7612 of 2008
In
CRIMINAL
APPEAL No. 102 of 2008
=========================================================
THAKOR
LABHUJI GOPALJI & 3 - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CL SONI for
Applicant(s) : 1 - 4.
MR MA PATEL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 12/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard learned advocate
Mr. Soni for the applicants and Ld. APP Mr. Patel for the respondent
State. Ms. Kavita B Gajjar, learned advocate is permitted to file
her appearance on behalf of the original complainant. She is heard
through Ld. APP.
Learned advocate Mr.
Soni submitted that this is a case where the trial Court has erred
in convicting the applicants appellants under section 304-B of
the Indian Penal Code [IPC]. The evidence could only indicate offence
punishable under section 498-A at its best and, therefore, in view of
the fact that the applicants are in jail for nearly 18 months, case
may be considered positively.
The application is
opposed to by Ld. APP. According to him, the applicants are convicted
under section 498-A and 304-B of the IPC and are sentenced to
imprisonment for 10 years. Nature of offence cannot be considered as
an individual, but an offence against the society and post conviction
case of the applicants may not be viewed with sympathy. He also
submitted that the applicants were not granted bail during trial.
We have considered
rival side submissions. We notice that the trial Court has acquitted
the applicants for charges of murder against which the State has
preferred appeal, which is admitted today.
That apart, we find
that the conviction is under section 304-B of the IPC so also under
section 498-A. It is not in dispute that the death had occurred and
that there were disputes in the family. The death has occurred within
four years of married life. In this set of circumstances, we do not
deem it proper to entertain this application at this stage.
Application, therefore, stands rejected.
(
A. L. DAVE, J.)
(
J .C. UPADHYAYA, J. )
*Pansala.
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