State Of Gujarat vs Babubhai Bhesabhai Ghodia Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 393

A. S. SUPEHIA, VIMAL K. VYAS
State Of Gujarat – Appellant
Versus
Babubhai Bhesabhai Ghodia Patel – Respondent

Advocates:
Advocate Appeared:
For the Parties : MR.RONAK RAVAL, MR.TEJAS M BAROT, MS.RHEA CHOKSI

JUDGMENT :

A.S. SUPEHIA, J.

(1) Both these Criminal Appeals emanate from the judgment and order dated 11.02.2005 passed by Additional Sessions Judge, Fast Track Court No.4, Navsari, in Sessions Case No.42 of 2004, wherein and whereby, the trial Court has acquitted the original accused Nos.5 and 6 i.e. Mangubhai Bhisabhai (Ghodia) Patel and Kiranbhai Chhotubhai (Ghodia) Patel, respectively and convicted the original accused Nos.1 to 4 for the offence punishable under Sections 304 Part–II read with Section 34 of the Indian Penal Code, 1860 (for short “the IPC”) and sentenced imprisonment for a period of 5 years.

(2) Being aggrieved by the judgment and order passed by the trial Court, the State has filed the appeal against all the six accused, whereas, the original accused Nos.1 to 4 had filed the captioned Appeal being Criminal Appeal No.465 of 2005, challenging the conviction under provisions of Section 304 Part-II read with Section 34 of the IPC.

BRIEF FACTS:

(3) The case of the prosecution is that the complainant – Kikubhai Gamanbhai, (PW-1), filed a complaint before Chikhali Police Station, alleging that on 03.08.2004, when he along with his wife – Babitaben had gone for agricultural