KHUMANSINH MANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) During the pendency of the application for delay by order dated 16/11/2006, office was directed to call for Record & Proceedings of Sessions case No.62 of 1998 from the Court of learned Additional Sessions Judge, Gondal so as to reach to this Court on or before 1/12/2006 and the matter was ordered to be listed on 4/12/2006. It is reported that the Record & Proceedings is received. With the consent of the learned advocate for the appellant and Mr.H.L. Jani, learned APP, the matter is taken up for final disposal.

(2.) The present appeal is filed challenging order dated 28.06.1999 passed by the learned Additional Sessions Judge, Gondal in Sessions Case No.62 of 1998. The learned Additional Sessions Judge was pleased to acquit all the accused for the offences under sections 143, 147, 148, 149, 307, 326, 324 of IPC read with sections 34 and 114 of IPC and for offence under section 25(3)(A) of the Arms Act. The learned Sessions Judge was pleased to order that after expiry of six months from the expiry of period of appeal, Muddamal 'Kulhadi' (axe), pipe be auctioned and the amount be deposited with the Government. The learned Judge was also pleased to order that the Muddamal gun, swords, dharia be confiscated. The learned Judge was pleased to order that the muddamal containers and clothes be destroyed in accordance with law.

(3.) The present appeal is filed being aggrieved by the order whereby the gun is confiscated.