ANNU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned advocates waive service of Rule on behalf of the respective respondents.

(2.) Challenge in this Revision Application is given to the order dtd. 15/10/2018 passed by the learned Chief Judicial Magistrate, Bharuch in Criminal Case no.4170 of 2015 as well as the order dtd. 31/7/2024 passed by the learned 4th Additional Sessions Judge, Bharuch in Criminal Appeal no.127 of 2018.

(3.) Mr. P.A. Pathan, learned advocate for the applicant submitted that cross case had been filed for the incident alleged to have taken place on 11/5/2015 being CR no.I-63/2015 registered with Bharuch City "A" Division Police Station for the offence punishable under Ss. 324, 326 of IPC and Sec. 135 of Gujarat Police Act and CR no.109/2015 was filed with Bharuch City "A" Division Police Station for the offence punishable under Ss. 323, 324, 504, 506(2), 114 of the IPC and Sec. 135 of the Gujarat Police Act. Mr. Pathan submitted that pursuant to the offence bearing CR no.109/2015, Criminal Case no.1119/2016 was settled and by way of settlement, all the three accused i.e. deceased Ambalal Mafatlal Vaghela and both his sons Dineshbhai and Ajaybhai were acquitted by the learned Chief Judicial Magistrate, Bharuch on 3/8/2021 while the proceedings against the present applicant earlier resulted into conviction by the learned Chief Judicial Magistrate, Bharuch on 15/10/2018 for the offence punishable under Ss. 324, 326 of IPC and Sec. 135 of the Gujarat Police Act. The conviction was challenged before the learned Appellate Court in Criminal Appeal no.127/2018 and on 31/7/2024, the learned 4th Additional Sessions Judge, Bharuch rejected the appeal confirming the conviction except setting aside conviction for Sec. 135 of the Gujarat Police Act and confirmed the sentence of other Sec. .