STATE OF GUJARAT vs MER RANA UKA - 2022 Supreme(Guj) 1019

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1019

S. H. VORA, RAJENDRA M. SAREEN
STATE OF GUJARAT – Appellant
Versus
MER RANA UKA – Respondent

Advocates Appeared:
For the Appellant : M.S. C.M. Shah, APP.
For the Respondents: Mr. Param R. Buch.

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, Junagadh in Sessions Case No.96 of 1992 acquitting the respondent Nos.1 to 4 – original accused Nos.1 to 4 from the offence punishable under sections 302, 34 and 506(2) of Indian Penal Code.

It is pertinent to note that the appeal against the respondent Nos.2 to 4 – original accused Nos.2 & 4 stood abated vide order dated 12/04/2022. Hence, the present appeal is proceeded against the respondent Nos.1 & 3 – original accused Nos.1 & 3.

2. The crux of the case of the prosecution is as under :-

Accused Nos.1 to 3 are sons of the accused No.4. Accused No.4 is the brother of the complainant Ramabhai. - Rama Mulu - brother of the accused No.4 and original complainant Hardas has died. There was dispute of partition of land amongst the three brothers because the Puja - son of the deceased Rama has not received any share in the land situated at Koyli Math and hence Puja Rama has filed case in the Court for obtaining his share, whe