CHAUDHARI SHANKERBHAI KUBERBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Revision Application under Section 397 r/w Section 401 of CrPC, is moved by the petitioners-original accused against the judgment and order of conviction and sentence dated 30.03.1991 passed by ld. JMFC, Patan in Criminal Case No. 229/1985 as well as the judgment and order dated 30.01.1993 passed by ld. Addl. Sessions Judge, Mehsana dismissing the Criminal Appeal No. 14/1991. The petitioners when present Cri. Rev. Application was moved, were 8. but now pending the Cri. Rev. Application, two of them have expired. Ld. APP Mr. NC Sood has confirmed that petitioner No.1 Chaudhari Shankarbhai Kuberbhai and petitioner No.6 Chaudhari Virambhai Ratnabhai have expired. Thus, the cause survived for petitioner Nos. 2 to 5, 7 & 8 i.e. original accused Nos. 2 to 4, 6, 9 & 10 and it stands abated so far as petitioner Nos. 1 & 6 i.e. original accused Nos. 1 & 7 are concerned. It stands disposed of qua them accordingly.

(2.) The petitioners are also shown as witnesses in a cross-case, i.e. Criminal case No. 122/1985 tried and decided by the same ld. JMFC, Patan. Total four accused persons of cross-case have been held guilty for their involvement in different criminal offences and they are the petitioners before this Court of Cri. Rev. Application No. 36/ 1993. Both the Cri. Rev. Applications have been heard together in the interest of justice. In Criminal Case No. 229/1985, along with the present petitioners, the police initially prosecuted 13 accused persons. However, pending Criminal Case, Criminal Appeal No. 14/1991 and present Cri. Rev. Application, total 7 accused persons out of 13 have expired.

(3.) Vide judgment and order dated 30.03.1991 in Criminal Case No.229/1985, original accused Nos. 1 to 4,6, 8 to 12 have been held guilty for the offences punishable under Sections 324, 326 read with Section 149, as also under Sections 147, 148, 447 of Indian Penal Code and imposed sentence as under:- <FRM>JUDGEMENT_624_GLH3_2006Html1.htm</FRM> For criminal trespass in the agricultural field where the offence is committed.