SAJJANBEN BHARATSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Robin Prasad in both the captioned appeals for learned Advocate Mr. M.C. Bhatt and for learned Advocate Mr. V.J. Thakor on behalf of the appellants respectively, learned AGP Ms. Surbhi Bhati for the respondent-State in both the appeals and learned Advocate Mr. H.S. Munshaw for the respondents No. 2 and 3 in First Appeal No.164 of 2004. None appears for respondents No.4 in First Appeal No. 164 of 2004. None appears for respondents No. 2 and 3 in First Appeal No. 479 of 2004.

(2.) Since a common issue has arisen in both the first appeals, with consent of parties, the first appeals are taking up for final hearing jointly.

(3.) Since facts in both the appeals would differ slightly, therefore for the sake of convenience, the same are stated as herein below : First Appeal No. 164 of 2004 :