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2024 Supreme(Guj) 1992

HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Sanjaybhai Ranchodbhai Patel – Respondent


Advocates Appeared:
For the Appellant : Ms Jyoti Bhatt, ADDL. Public Prosecutor.
For the Respondents: Jucky Lucky Chan.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant – State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 22/01/2007 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.3, Gandhinagar (hereinafter referred to as “the trial court”) in Special Atro. Case No.26 of 2006, whereby, the learned Trial Judge has acquitted the original accused respondents herein for the offence punishable under Sections 323, 324, 325, 504 and 114 of the Indian Penal Code (for short “the IPC”) read with the provisions of Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1981 (for short “the Atrocities Act”).

1.1 At the outset, it may be noted that the respondent No.1 – Sanjaybhai Ranchodbhai Patel, passed away on 13/05/2021 during the period of Covid Pandemic pending the present appeal, and therefore, the present appeal stands abated qua respondent No. 1 - Sanjaybhai Ranchodbhai Patel. The death certificate issued by the competent authority is placed on record.

2. The brief facts g

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