Allarakha Habib Memon Etc. vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 650

B. R. GAVAI, SANDEEP MEHTA
Allarakha Habib Memon Etc. – Appellant
Versus
State of Gujarat – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Praveen Chaturvedi, AOR Mr. Rishi Malhotra, AOR Mr. Divyesh Pratap Singh, AOR Ms. Shivangi Singh, Adv. Mr. Amit Sangwan, Adv. Ms. Sneha Chandna, Adv. Mr. Madhavendra Singh, Adv.
For the Respondent(s): Ms. Deepanwita Priyanka, Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv.

JUDGMENT

Mehta, J.

1. Heard.

2. The instant criminal appeals have been filed by the appellants namely, Allarakha Habib Memon, Amin @ Lalo Aarifbhai Memon and Mohmedfaruk @ Palak Safibhai Memon, for assailing the common judgment dated 18th February, 2019, passed by the Division Bench of High Court of Gujarat at Ahmedabad dismissing the Criminal Appeal Nos. 94 of 2015, 450 of 2015 and 563 of 2015, preferred by the accused appellants and affirming the judgment and order dated 13th October, 2014 passed by the Court of Additional Sessions Judge, Anand, in Sessions Case No. 84 of 2011(hereinafter being referred to as ‘trial Court’). The trial Court had convicted the appellants for offence punishable under Section 302 read with Section 120B of the Indian Penal Code, 1860(hereinafter, referred to as ‘IPC’) and sentenced them to imprisonment for life with fine of Rs. 1,000/- each, in default whereof, to undergo rigorous imprisonment for a period of three months. At the same time, the appellants were acquitted of the charge for the offence punishable under Section 323 IPC.

Brief facts: -

3. The accused appellants are the residents of New Memon Colony, Bhalej Road, Anand. There was some issue rega