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2015 Supreme(Guj) 101

K.J.THAKER
STATE OF GUJARAT – Appellant
Versus
MAHENDRASINH HAKUMATSINH VAGHELA – Respondent


Advocates:
Advocate Appeared:
MS MONALI BHATT, APP for the Appellant(s) No. 1 MR MB PARIKH, ADVOCATE for the Opponent(s)/Respondent(s) No. 1-4

JUDGMENT

1. The State has preferred this criminal appeal under Section 378 of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) against the judgment and order dated 07.04.2003 rendered by the learned 2nd Fast Track Judge, Amreli in Sessions Case No.116 of 2002. The said case was registered against the present respondents-original accused for the offence under Sections 498-A, 306 and 114 of the Indian Penal Code (for short “IPC”).

2. The original complainant filed Criminal Revision Application No.283/2003, wherein on 19.01.2015, this Court passed the following order:

“Learned Advocate Mr. R.C. Kakkad states that he may be permitted to appear with the prosecution. He seeks permission to withdraw the Criminal Revision Application No.283/2003. However, the papers should not be de-linked. The papers should be kept with Criminal Appeal No.812/2003 and the grounds urged in the Criminal Revision Application also are to be treated as part of the memo of the Appeal. All the matters be listed for final hearing on 9th FEBRUARY, 2015.”

3. The brief facts of the prosecution case are that

























































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