JETHABHAI VIRSANGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Out of the two petitioners, Petitioner No. Uethabhai Virsangbhai Patel is slated to have passed away on 17.9.2008 as per the copy of his death certificate produced by learned Counsel Mr. J.M. Panchal. Therefore, the present revision application does not survive as far as petitioner No. 1 is concerned.

(2.) As for Petitioner No. 2. it was submitted by learned counsel Mr. Panchal that the judgment and order dated 29.1.2000 of learned Second Extra Assistant Sessions Judge, Palanpur in Sessions Case No. 6/1999 was perverse and illegal insofar as neither attempt to commit murder of the victim was proved nor was any motive established for commission of any crime by the appellants upon the original victim.

(3.) According to the prosecution case, on 18.8.1999 when the original complainant, namely Takhaji, was walking on a public road, the applicant herein had asked him to take a lift in his Jeep and thereafter he was made to drink country-liquor by force. Thereafter, the appellants had tried to extort the sum of Rs.5,000 from Takhaji. As the complainant could not pay such amount, he was thrown into an empty well from where he was rescued on the next day with injuries including fracture on his ribs. He was hospitalized for eight days.