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2008 Supreme(Guj) 356

C.K.BUCH, D.N.PATEL
Farooq @ Ashish Habib Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Criminal Appeal No. 630 of 1998 : Abated for Appellant No. 1 :
Abated, for the Appellant No. 1.
Mr. J.M. Panchal for Appellant No. 2.
Ms. D.S. Pandit, APP for the Opponent.
Criminal Revision Application No. 511 of 1998 :
Ms. D.S. Pandit, APP for the Petitioner.
Mr. J.M. Panchal for the Respondents.
Appearance in Criminal Revision Application No. 578 of 1998 :
Ms. Thakkar Associates, for the Petitioner.
Mr. J.M. Panchal, for Respondent Nos. 1 to 6.
Ms. D.S. Pandit, APP for Respondent No. 7.

Judgment

D.N. Patel, J.—Both the aforesaid Criminal Appeals as well as Criminal Revision Applications have been preferred because of conviction of some of the accused; acquittal of some of the accused; for expunging the remarks against the learned Special Public Prosecutor. Criminal Revision Application No. 578 of 1998 has been preferred by the original complainant against the judgement and order of acquittal of some of the accused, which has been passed by learned Additional Sessions Judge, Kheda at Nadiad dated 06.07.1998 in Sessions Case Nos. 82 of 1997 and 133 of 1997.

2. Criminal Appeal No. 630 of 1998 has been preferred by the original Accused Nos. 4 and 5 as they are convicted for life imprisonment for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and to pay a fine of Rs. 10,000/-. Accused Nos. 1, 2, 3 and 6 were acquitted from the charges levelled against them. Therefore, State has preferred an acquittal appeal bearing Criminal Appeal No. 803 of 1998 against Accused Nos. 1, 2 and 3 only. There is no Appeal preferred by the State against acquittal of Accused Nos. 6. Criminal Revision Application No. 511 of 1998 has been preferred by the










































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