Rajendra Bhagwanji Umraniya vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 465

J. B. PARDIWALA, MANOJ MISRA
Rajendra Bhagwanji Umraniya – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
For the Appellant : Mr. Pradhuman Gohil, Adv. Mr. Purvish Jitendra Malkan, Adv. Mr. Vikash Singh, AOR Ms. Ranu Purohit, Adv. Mr. Alapati Sahithya Krishna, Adv. Mr. Rushabh N. Kapadia, Adv. Mr. Mohit Prasad, Adv. Mr. Siddharth Singh, Adv. Mr. Harin P Raval, Sr. Adv. Mr. Ritvik Bhanot, Adv. Ms. Shrestha Narayan, Adv. Ms. Urmi H Raval, Adv. Ms. Shreya Bhansal, Adv.
For the Respondent: Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Ms. Srujana Suman Mund, Adv. Mr. Pradhuman Gohil, Adv. Mr. Purvish Jitendra Malkan, Adv. Mr. Vikash Singh, AOR Ms. Ranu Purohit, Adv. Mr. Alapati Sahithya Krishna, Adv. Mr. Rushabh N. Kapadia, Adv. Mr. Mohit Prasad, Adv. Mr. Siddharth Singh, Adv.

Judgement Key Points

The statement is a paraphrased summary of the principles and reasoning expressed in the judgment, rather than a direct quote from the judgment. It reflects the court’s discussion on the importance of victim compensation and the underlying philosophy of victimology as explained in the judgment (!) .

1. Leave granted.

2. Since the issues raised in both the captioned appeals are the same, the parties are also the same and the challenge is also to the self-same judgment and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common order.

3. The appellant before this Court is the original first informant (complainant). The appellant lodged a First Information Report No I-179/2012 at the Surendranagar City Police Station for the offence punishable under Sections 147, 148, 149, 427, 323, 325, 506(2), 384 of the Indian Penal Code¹[“IPC”] and Section 135 of the Gujarat Police Act. The FIR was lodged in all against five accused persons.

4. The respondents before this Court are the original accused Nos 1 and 2 respectively. Out of the five accused persons, two were named in the FIR, whereas three were not named. The respondents herein ultimately were put to trial for the offence punishable under Sections 147, 148, 149, 329, 384, 387, 427, 506(2), 323 and 325 respectively of the IPC and Section 135 of the Bombay Police Act.

5. The respondents herein came to be convicted by the Sessions Court for the offence punishable under Section 3

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2024 Supreme(SC) 465

J. B. PARDIWALA, MANOJ MISRARajendra Bhagwanji Umraniya – AppellantVersusState of Gujarat – Respondent

Cases Referred (3)

J. B. PARDIWALA, MANOJ MISRA
Rajendra Bhagwanji Umraniya – Appellant
Versus
State of Gujarat – Respondent