RAMDEVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Vide order dtd. 2/5/2024 passed in captioned appeal being Criminal Appeal No.2352 of 2022, the appeal was listed for final hearing along with Criminal Appeal Nos.333 of 2023 and 195 of 2023. We had given ample opportunities to learned advocate Mr.Satapara, who appears for Suresh @ Lalo Chhaganbhai Panara - original accused No.1, to appear and assist the Court however, since he did not appear, we decided to hear the appeals and asked learned advocate Mr.Thakore to assist the Court for the accused No.1 as well. Accordingly, as recorded in the order dtd. 6/5/2024, that despite learned advocate Mr.Satapara having been informed about the order dtd. 3/5/2024, he has again chosen not to appear on 6/5/2024. After hearing learned advocates Mr.Mrudul Barot and Mr.Thakore, we kept the matters reserved for judgement.

(2.) The present appeals filed under Sec. 374 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.') emanate from the judgement and order dtd. 13/4/2022 passed by Sessions Judge, Morbi in Sessions Case No.42 of 2017 convicting the appellants-original accused for the offence punishable under Ss. 302, 324 and 114 of the Indian Penal Code, 1860 (the IPC) and under Sec. 135 of the Gujarat Police Act sentencing them to undergo rigorous imprisonment for life and fine of Rs.10,000.00 and in default of payment of fine, to suffer simple imprisonment for 03 (three) months.

(3.) The appellants-accused were arrested in connection with the offence registered vide F.I.R. being C.R.No.I-30 of 2017 at Morbi City 'B' Division Police Station, Morbi for the offence punishable under Ss. 302, 324 and 114 of the IPC for the incident, which had taken place on 21/5/2017. On the basis of the said F.I.R., the investigation was carried out and the statements of the witnesses were recorded and necessary panchnama was made and charge-sheet was filed. Learned Additional Sessions Judge, Amreli framed the charge and the appellants pleaded not guilty.