BABUBHAI POPATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPEAL admitted. In peculiar facts and circumstances of the case, appeal is taken up for final hearing today itself. The circumstances are :-The appellant was unable to file an appeal due to financial hiccups. The appellant was never released either on temporary bail or on furlough. The appeals of the other co-accused, who are on the same footing along with appellant, are allowed.

(2.) IN view of the above aspects, having found that the evidences led by the prosecution is not trust-worthy and evidence is common qua all the accused persons, the said appeals of the co-accused were allowed on 23. 09. 2008. In that appeal, we have observed as under:-

(3.) WE have heard the learned advocate Mr. Buddhbhatti, appointed by this Court as amicus curiae for appellant accused. The learned advocate, during the course of his argument, relied upon the above findings, which were arrived at in the common judgment delivered in the appeals preferred by the four co-accused of this case, namely appellant accused Dhanji Mohan Vaghri and Dhiru Panna Vaghri, who filed Criminal Appeal No. 83 of 2005 and appellant accused Madhu Desha Vaghi and Himmat Desha Vaghri, who filed Criminal Appeal No. 255 of 2005. The common judgment in both these appeals was delivered on 23. 9. 2008. The learned advocate Mr. Buddhbhatti submitted that the findings arrived at in those appeals, with equal force, shall apply to the case of the appellant, who was one of the co-accused persons, who were acquitted from all the offences charged against them, as their appeals were allowed.