LAWS(GJH)-2003-12-44

STATE OF GUJARAT Vs. RAJUBHAI DHAMIRBHAI BARIYA

Decided On December 26, 2003
STATE OF GUJARAT Appellant
V/S
RAJUBHAI DHAMIRBHAI BARIYA Respondents

JUDGEMENT

(1.) Against the judgment and order of acquittal dated 27.6.2003 passed by learned Additional Sessions Judge, Fast Track Court No.1, Vadodara, in Session Case No. 248/2002 acquitting the respondents accused for the offences punishable under Sections 147, 148, 149, 188, 504, 342, 427, 436, 395, 307 and 302 of the IPC, the appellant - State of Gujarat has filed the above Appeal. Thereafter, the State of Gujarat had filed the above Criminal Misc. Application No. 9677/2003 in the said Appeal and prayed that the appellate - State be permitted to produce the affidavits of four witnesses, namely, (i) Zahirabibi, Exh. 46, (ii) Sairabanu Habibulla Shaikh, Exh. 39, (iii) Sahejadkhan Hasankhan, Exh. 124 and (iv) Mohmad Asaraf Shaikh, Exh.123 on record and further evidence of the witnesses be permitted to be recorded and also be ordered retrial after quashing the entire proceedings. Thereafter, another criminal Misc. Application No. 9825 of 2003 was filed in the said Appeal by the State of Gujarat and prayed that it may be permitted to place on record the documents at "Annexure-A Colly". in the appeal, and the same may be considered as corroborative piece of evidence. The said application is filed under Section 391 read with Section 311 of the Criminal Procedure Code, 1973.

(2.) As per the hope expressed by the Hon'ble Supreme Court, when the matter was placed before this Court on 19.12.2003, we immediately started hearing of the Appeal as well as both the above applications and heard learned Advocate General Shri S.N.Shelat for the appellant State of Gujarat as well as learned defence Counsel Shri Sushil Kumar appearing for all the respondents accused for almost about a week and today at the fag end of the day, the marathon hearing of these matters has come to an end.

(3.) Having heard Shri S.N. Shelat, learned Advocate General for the appellant State of Gujarat and Senior Advocate Shri Sushil Kumar appearing as counsel for all the Advocates of the respondents accused we are fully convinced that there is no substance in all these matters including the Appeal and, therefore, they are required to be dismissed with detailed reasoned order as the matters were argued for several days before us. We would have liked to assign reasons and passed the detailed judgment in the open court, but today being the last day before the Winter Vacation and Court will be reopening only from January 12, 2004, therefore, we thought it fit to defer the assigning the reasons after Winter Vacation, while dismissing all these matters.