R/CR.A/431/2015 CAV JUDGMENT DATED: 16/11/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL NO. 431 of 2015

With

R/CRIMINAL APPEAL NO. 1220 of 2019

With

R/CRIMINAL APPEAL NO. 496 of 2015

With

R/CRIMINAL APPEAL NO. 1048 of 2015

With

R/CRIMINAL APPEAL NO. 1284 of 2015

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.J.DESAI

sd/-

and

HONOURABLE MR. JUSTICE NIRZAR S. DESAI

sd/-

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1

Whether Reporters of Local Papers may be allowed

to see the judgment ?

No

2

To be referred to the Reporter or not ?

No

3

Whether their Lordships wish to see the fair copy

of the judgment ?

No

4

Whether this case involves a substantial question

of law as to the interpretation of the Constitution

of India or any order made thereunder ?

No

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JITENDRAGIRI MAHENDRAGIRI GOSWAMI

Versus

STATE OF GUJARAT

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Appearance:

MR PRATIK BAROT, LD.ADVOCATE WITH MR HARDIK BAROT,

LD.ADVOCATE WITH ATIT D. THAKORE, LD.ADVOCATE WITH MR

RAJKUMAR CHAUMAL, LD.ADVOCATE for the Appellant(s).

MR JK SHAH, LD8.ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s).

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CORAM: HONOURABLE MR. JUSTICE A.J.DESAI

and

HONOURABLE MR. JUSTICE NIRZAR S. DESAI

Date : 16/11/2021

CAV JUDGMENT

Page 1 of 22

R/CR.A/431/2015 CAV JUDGMENT DATED: 16/11/2021

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1.

By way of the captioned appeals by each of the

appellants, they have challenged the judgement and order dated

03/02/2015 in Sessions Case No.15 of 2012 (Old Sessions Case

No.24 of 2012) by learned 3^rd Additional (Ad-hoc) Sessions Judge,

Kalol, District: Gandhinagar, by which, they have been convicted

and sentenced for the offences punishable under Section 302, 466,

467, 468, 471 and 120-B of the Indian Penal Code. The sentence

imposed to each of the appellants, is stated hereinbelow:

The appellant – original accused No.2 – Jitendragiri

Mahendragiri Goswami has been convicted for the offence

punishable under Section 302 read with Section 120-B of the Indian

Penal Code and sentenced for rigorous life imprisonment and fine of

Rs.1,000/- and in default thereof payment of fine, simple

imprisonment of one month is awarded. He is also convicted for the

offence punishable under Sections 467, 468 & 471 of the Indian

Penal Code and sentenced for five years rigorous imprisonment and

fine of Rs.2,000/- and in default thereof payment of fine, further

simple imprisonment of three months is awarded. He has been

acquitted for the offence punishable under Section 379 of the Indian

Penal Code and Section 135 of the Gujarat Police Act.

The appellant –original accused No.3 – Rajubhai

Virkumar Yadav, has been convicted for the offence punishable

under Section 302 read with Section 120-B of the Indian Penal Code

and sentenced for rigorous life imprisonment and fine of Rs.1,000/-

and in default thereof payment of fine, simple imprisonment of one

month is awarded. He is also convicted for the offence punishable

under Sections 467, 468 & 471 of the Indian Penal Code and

sentenced for five years rigorous imprisonment and fine of

Rs.2,000/- and in default thereof payment of fine, further simple

imprisonment of three months is awarded. He has been acquitted

for the offence punishable under Section 379 of the Indian Penal

Page 2 of 22

R/CR.A/431/2015 CAV JUDGMENT DATED: 16/11/2021

Code and Section 135 of the Gujarat Police Act.

The appellant – original accused No.1 – Dashrathgiri

Shankargiri Goswami has been convicted for the