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2024 Supreme(SC) 670

ABHAY S. OKA, UJJAL BHUYAN
Hussainbhai Asgarali Lokhandwala – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mohit D. Ram, AOR Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. Ms. Sthavi Asthana, Adv.
For the Respondent(s): Ms. Archana Pathak Dave, Sr.Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Mr. Vaibhav Dwivedi, Adv. Mr. Mohit D. Ram, AOR Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. Ms. Sthavi Asthana, Adv.

JUDGMENT :

UJJAL BHUYAN, J.

1. This judgment will dispose of Criminal Appeal Nos. 1691 of 2023, 1692 of 2023, 1693 of 2023, 1694 of 2023 and 1695 of 2023.

2. Criminal Appeal No. 1691 of 2023 arises out of SLP (Criminal) No. 7622 of 2016 filed by Hussainbhai Asgarali Lokhandwala (appellant herein). In this appeal, challenge has been made to the judgment and order dated 06.05.2016 passed by the High Court of Gujarat at Ahmedabad (‘High Court’ hereinafter) in Criminal Appeal No. 29 of 2007 whereby, though the High Court modified the judgment and order of the learned Additional Sessions Judge, Panchmahal at Godhra (‘trial court’ hereinafter) in Sessions Case No. 292 of 2001 by altering the conviction of the appellant from one under Section 304 Part I of the Indian Penal Code, 1860 (IPC) to one under Section 304 Part II IPC but, sentenced him to undergo rigorous imprisonment (RI) for five years while maintaining the sentence of fine. Be it stated that, by the same judgment and order, the High Court had similarly altered the conviction of the co-accused (co-appellant) - Asgarali Onali Lokhandwala but restricted the sentence of imprisonment to the period already undergone by him.

3. Criminal

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