MADHABHAI PUNJABHAI GHOTADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed through Jail seeking opinion under Sec. - 433A of Cr.P.C. for the purpose of remission. The applicant-convict is life convict bearing No.39864 Madhabhai Punjabhai Ghotadiay and at present is aged 70 years. The matter is placed before the Court upon the Communication dtd. 12/6/2023 submitted by the 3 rd Additional Sessions Court, Surendranagar addressed to the Superintendent of Central Jail, Rajkot indicating in such Communication that the applicant-convict herein had faced conviction pursuant to the trial under Sessions Case No.68 of 2000 for offence under Sec. -302 of IPC and under Sec. -135 of Bombay Police Act and has been sentenced for life conviction upon being convicted.

(2.) The Communication also indicates that the applicant-convict herein had preferred Criminal Appeal No.283 of 2002, which came to be dismissed by this Court under its judgment and order dtd. 28/11/2008 thereby confirming the judgment and order of conviction and sentence dtd. 30/1/2002 passed by the Additional Sessions Judge at Surendranagar.

(3.) It is in view of the aforesaid judgment and order of this Court confirming the conviction of sentence, for remission and thereafter, for the purpose of opinion of the confirming Court, present application is listed.