PATEL KANUBHAI TRIBHUVANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By an order dtd. 28/7/2025, Criminal Appeal No.740 of 2007 came to be disposed of as abated on demise of the appellant-Patel Bharatkumar Ambalal.

(2.) The present both appeals are filed by the appellants under Sec. Sec. 374 of the Code of Criminal Procedure, 1973, (for short 'Cr.P.C.') challenging the judgment and order dtd. 3/4/2007 passed by the learned Sessions Judge (Main Court) Gandhinagar in Sessions Case No.86 of 2006, whereby the learned Sessions Judge convicted the present appellants-accused for the offence punishable under Sec. 435 of the Indian Penal Code (for short 'IPC') and sentenced them three years rigorous imprisonment with fine of Rs.5,000.00 each and in default stipulation further rigorous imprisonment of one month.

(3.) The facts of the case, as could be gathered from the impugned judgment, can be succinctly said that the accused No.10 - Ganpatbhai Bhalabhai Patel, who happens to be husband of Smt. Vidhyaben, Sarpanch of Village Khoraj, prior to this incident on 18/3/2006, was kidnapped by Gomarbhai and Bharatbhai of Rabari community. A complaint was filed by accused - Ganpatbhai A-10 at the Police Station. It was alleged that on account of that incident, persons belonging to Patel Community had gathered near the temple situated near Gram Panchayat to attack Rabari community persons.