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CR.A/1424/1986 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 1424 of 1986
With
CRIMINAL
APPEAL No. 1425 of 1986
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
NAGJIBHAI
VARSIBHAI AND OTHERS
==========================================Appearance
:
MS MITA
PANCHAL, ADDL PUBLIC PROSECUTOR for the Appellant
MR
BN PATEL for the original complainant
MR MR BAROT, Senior counsel
with MR YV BRAHMBHATT for Opponent Nos. 2,5,6,7,9,10,11, 13
Respondent
Nos. 1,3,4,8 & 12
expired
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 02/09/2008
COMMON
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
1. Both
the appeals are heard together, arising against the judgment and
order dated 23rd October, 1986, passed by the learned Sessions
Judge, Mehsana in Sessions Case No.52 of 1986. Learned Additional
Public Prosecutor Miss Mita Panchal appearing on behalf of the State
and learned advocate Mr. B.N. Patel appearing on behalf of the
complainant are heard for the appellant and learned senior
advocate Mr. M.R. Barot with learned advocate Mr. Y.V. Brahmbhatt
are heard for the respondents.
2. It
may be mentioned here that we have been informed that the parties
have reached a broad agreement in between them and with the
feeling of forget and forgive, the matters are sought to be
reconciled.
3. The
appeal is abated against those respondent Nos. 1,3,4,8 and 12 of
Criminal Appeal No.1425 of 1986 who have died during the
pendency of appeal. Death certificates are produced by the learned
Additional Public Prosecutor.
4. The
appeal preferred against the order of acquittal, being Criminal
Appeal No.1425 of 1986, is hereby dismissed, as there is no merit
in the appeal and no good and cogent reasons are shown and
there is no any illegality committed by the learned Sessions Judge,
for interference in the judgment and order passed by the learned
Sessions Judge.
5. The
appeal preferred for enhancement, being Criminal Appeal No.1424 of
1986, is also dismissed with a modification that, to maintain
harmony, peace and good relations between the parties, the four
convicted respondent Nos. 1,4,5 and 6 of Criminal Appeal No.1424 of
1986 each will pay Rs.25,000/- (Rupees Twenty five thousand
only) to the complainant side, i.e. heirs of the deceased, through
elder son Kanjibhai, son of Mavjibhai Karamshibhai Chaudhary, on or
before 05.10.2008, as agreed by them.
6. Bail
bonds of the respondents accused are hereby ordered to be
cancelled. With the above observation, both the appeals are
disposed of accordingly.
(BHAGWATI
PRASAD, J.)
(S.R.BRAHMBHATT,
J.)
omkar
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