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2022 Supreme(SC) 19

M. R. SHAH, B. V. NAGARATHNA
Jayaben – Appellant
Versus
Tejas Kanubhai Zala – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Colin Gonsalves Sr Adv. Ms. Hetvi Patel, Adv. Mr. Shiyas KR, Adv. Mr. Satya Mitra, AOR
For the Respondent(s):Mr. Hzefa. A. Ahmadi, Sr Adv Mr. Pradhuman Gohil, Adv Ms. Taruna Singh Gohil, AOR Ms. Ranu Purohit, Adv Mr. R. Vishnu Kumar, Adv Mr. Alapati Sahithya Krishna, Adv Mr. Rohan Sharma, Advocate Mr. Purvish Jitendra Malkan, AOR Mr. Jitendra Malkan, Adv Ms. Dharita P Malkan, Adv Ms. Deepa Gorasia, Adv Mr. Alok Kumar, Adv Ms. Nandini Chhabra, Adv Ms. Bhavna Sarkar, Adv Ms. Aastha Mehta, Adv. Ms. Deepanwita Priyanka, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgments and orders dated 04.02.2019 and 05.04.2019 passed by the High Court of Gujarat at Ahmedabad in R/Criminal Appeal No. 1502 of 2018 and R/Criminal Appeal No. 389 of 2019 by which the High Court has released the respective respondents No. 1-accused, the original complainant has preferred the present appeals.

2. For the sake of convenience, the facts in Criminal Appeal No. 1655 of 2021 arising out of the impugned judgment and order dated 04.02.2019 passed in Criminal Appeal No. 1502 of 2018 are narrated which are as under:

    2.1 As per the case of the prosecution, the original complainant-appellant herein, her aunt Smt. Savitaben and her husband Mukeshbhai (deceased) went to collect scrap from the open space outside a factory. When they were picking scrap on the backside of the factory area, five persons (accused) came there and started abusing them and thereafter initially started beating all three of them outside the factory. That thereafter five accused persons tied Mukeshbhai-husband of the original complainant to the gate of the factory and started beating him. As per the case of the prosecution J

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