GORDHAN DEVSHIBHAI JOGANI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE proceedings arise out of judgement dated 29.02.2008 rendered by learned Additional Sessions Judge, Gondal in Sessions Case No. 35 of 1999. Originally, there were two accused. Devshibhai, accused No.1 and his son, Gordhanbhai, accused No.2. Devshibhai, however, died during the pendency of the trial. The sessions case was, therefore, proceeded against only the sole surviving accused Gordhanbhai. He was though charged with offence punishable under Section 302, 307 and 337 of IPC read with Section 114 was convicted for offence under Section 304 Part 2 and sentenced to rigorous imprisonment for seven years. He was also convicted for offence under Section 307 and sentenced to rigorous imprisonment of five years. For offence under Section 504, he was sentenced to rigorous imprisonment for one year.

(2.) CONVICT -Gordhanbhai has, therefore, filed Criminal Appeal No. 1516 of 2008 challenging the judgement of the learned Additional Sessions Judge. Insofar as he was acquitted for offence under Section 302 of IPC, the State has preferred Criminal Appeal No. 1669 of 2008 and sought enhancement of sentence. The original complainant Naranbhai has filed Criminal Revision Application No. 303 of 2008 challenging the same judgement of the learned Additional Sessions Judge.

(3.) DURING the pendency of the conviction appeal, the convict was not released on bail. Learned APP, Ms. Punani pointed out that he has already served out the entire sentence of seven years and thereupon has also been released from jail. His conviction Appeal No. 1516 of 2008 has thus become infructuous.