JITENDRA JAMANADAS SARADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ON 19.11.1987, this Court had passed an order against other original accused summoning them as to why their acquittal should not be set aside and their case be not further dealt with in accordance with law. On 13.1.2015 also this Court had issued summons to other accused. However, it is found that original accused no.1 is residing in America since 1988 while Manikant Trikamlal has passed away and his death certificate is produced on record. Though considerable period has elapsed, this appeal and revision application are not taken up for hearing. Therefore, today this appeal as well as Revision Application are taken for hearing.

(2.) CRIMINAL Appeal No.856 of 1987 has been filed by the appellant under Section 374 of the Criminal Procedure Code, against the judgment and order dated 30.9.1987 passed by learned Judge, City Civil Court No.7, Ahmedabad, in Special Criminal Case No.14 of 1985, whereby the appellant -accused was convicted for the offence under the Essential Commodities Act and sentenced to undergo simple imprisonment for three months and pay fine of Rs.500/ - and in default of payment of fine, simple imprisonment of one month was imposed.

(3.) IT seems that the State has not felt aggrieved by the impugned judgment, therefore, no appeal is filed by the State. However, since this Court has felt that the owner was the person who should have been held guilty, this Court has taken up the matter in suo motu review against the acquittal of other co -accused. Short facts of the prosecution case are as under: