STATE OF GUJARAT Vs. THAKOR NAGJIJI BABUJI NATHUJI

JUDGEMENT

(1.) As the captioned criminal confirmation case as well as the criminal appeal arise from a selfsame judgment and order of conviction and sentence of capital punishment, those were heard analogously and are being disposed of by this common judgment and order.

(2.) There is no higher principle for the guidance of the Court than the one that no act of Courts should harm a litigant and it is the bounder duty of the Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied, but for that mistake. This is aptly summed up in the maxim "Actus curiae neminem gravabit." (Jang Sing vs. Brij Lal & Ors., 1966 AIR(SC) 1631)

(3.) This appeal is at the instance of a convict-accused and is directed against the judgment and order of conviction and death sentence passed by the 3rd Addl. Sessions Judge, Mehsana at Vishnagar dated 29th Sept., 2016 in the Sessions Case No.48 of 2015.