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2025 Supreme(Guj) 962

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Somabhai Ratabhai Damor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhargav Pandya
For the Respondent: Shrikar H. Bhatt

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 28.02.2007 in Sessions Case No.110 of 2006 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Modasa (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. During pendecy of the present appeal, the respondent No.2 – original accused No.2 Ratabhai Lalubhai Damor has expired on 25.10.2017. Copy of the death certificate is produced and the same is taken is taken on record, and hence, the present appeal qua respondent No.2 herein – original accused No.2 stands disposed of as abated.

3. The relevant facts leading to filing of the present appeal are as under:

3.1. The accused No.1 was

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