BABUBHAI N BHAGORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the appellants-orig.accused have preferred present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 10th January 1992 passed by the learned Additional Sessions Judge, Sabarkantha at Himatnagar, in Sessions Case No.36 of 1991. The appellant of Criminal Appeal No.110 of 1992 is the orig.accused no.1 and according to prosecution, he is the cousin i.e. relative, of victim-girl. The appellants of Criminal Appeal No.136 of 1992 are the original accused nos.4,5 and 3 respectively, who had kept the victim girl with them and as per the allegations of the prosecution, the appellant of Criminal Appeal No.200 of 1992 namely Kacharaji alias Kesarisinh Parmar-orig.accused no.2, was also a party in selling the victim girl to the family of orig. accused nos.4 and 5.

(2.) As both the aforesaid appeals are arising out the same judgment and order of conviction and sentence, the same are being disposed of by this common judgment.

(3.) It is submitted by Shri K.B. Pujara, learned counsel appearing for the appellants, that the orig.accused no.2 Kacharaji alias Kesarisinh has expired long back and this Court has treated the Criminal Appeal No.200 of 1992 filed by him as abated and the formal order of disposal of the said Criminal Appeal is passed by this Court on 31st January 2007. The same is reflected from the docket of this bunch of appeals. Shri Chhabalani, learned counsel appearing for the appellants of Criminal Appeal No.136 of 1992 has informed the Court that the orig.accused no.4 Gandaji Khodaji Thakarda, resident of village Chandrala has also expired, who had arranged the marriage of victim girl with his son Dashrath Gandaji Thakarda-orig.accused no.5. So at present the Court is supposed to deal with the appeal effectively qua the orig.accused no.1-Babuji Navaji Bhandara; orig.accused no.3-Manjulaben and orig.accused no.5-Dashrathji Gandaji Thakarda. The orig.accused nos.3 and 5 are the surviving appellants of Criminal Appeal No.136 of 1992.