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2022 Supreme(Guj) 900

S. H. VORA, RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Harijanbhangi Bharat Mangabhai – Respondent


Advocates Appeared:
For the Appellant : Ms. C.M. Shah APP.
For the Respondents: Mr. Pratik B. Barot.

JUDGMENT :

(Rajendra M. Sareen, J.)

1. Present Criminal Appeal has been preferred by the appellant – State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 20/01/1995 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No.198 of 1994 acquitting the respondent Nos.1 to 3 – original accused Nos.1 to 3 from the offence punishable under sections 302, 498-A and 114 of Indian Penal Code.

It is pertinent to note that the respondent Nos.2 and 3 – original accused Nos.2 and 3 have expired during the pendency of the proceedings and hence the present appeal stood abated qua respondent Nos.2 and 3 vide order dated 13/04/2022 and the present appeal is proceeded against the respondent No.1 – original accused No.1.

2. The case of the prosecution, in nutshell is as under:-

It is the case of the complainant – Hansaben that she is residing with her husband, one daughter – Asha and two sons – Dilip and Ravi and is serving in the Bhavnagar Municipal Corporation as a sweeper since last one and half years. Her earlier husband Babu Manga expired before two years and he was working in Bhavnagar Municipal Corporation and service of B

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