2018 Supreme(Online)(Guj) 6137
STATE OF GUJARAT – Appellant
Versus
MORLIBHAI NARANBHAI SINDHI ALIAS MURLI – Respondent
CR.A 1598/2013
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1713 of 2012 With R/CRIMINAL APPEAL NO. 1708 of 2012 With R/CRIMINAL APPEAL NO. 1709 of 2012 With R/CRIMINAL APPEAL NO. 1710 of 2012 With R/CRIMINAL APPEAL NO. 1711 of 2012 With R/CRIMINAL APPEAL NO. 1740 of 2012 With R/CRIMINAL APPEAL NO. 1812 of 2012 With R/CRIMINAL APPEAL NO. 1862 of 2012 With R/CRIMINAL APPEAL NO. 1050 of 2013 With R/CRIMINAL APPEAL NO. 1598 of 2013 With R/CRIMINAL APPEAL NO. 1599 of 2013 With R/CRIMINAL APPEAL NO. 1600 of 2013 FOR APPROVAL AND SIGNATURE:
HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MR.JUSTICE A.S. SUPEHIA ================================================================
1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?
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DR. MAYABEN SURENDRABHAI KODNANI Versus S.I.T ================================================================
Appearance:
CRIMINAL APPEAL NO.1713/12 MR ND NANAVATI, SENIOR ADVOCATE, with MR HARDIK A DAVE, ADVOCATE for the Appellant CRIMINAL APPEAL NO.1708/12 MR BB NAIK, SENIOR ADVOCATE, with MR SAMIR J DAVE, MR HEMANT M PRACHHAK AND MR PARTHIV A BHATT, ADVOCATES for the Appellants No.1, 26, 34, 39 & 47 MR YS LAKHANI, SENIOR ADVOCATE,with MR JAY M THAKKAR, ADVOCATE for rest of the Appellants CRIMINAL APPEAL NO.1709/12 MR YS LAKHANI, SENIOR ADVOCATE, with MR RAHUL R DHOLAKIA, ADVOCATE for the Appellants CRIMINAL APPEAL NO.1710-1711/12 MR YS LAKHANI, SENIOR ADVOCATE, with MR PRAVIN GONDALIYA, ADVOCATE for the Appellants CRIMINAL APPEAL NO.1740/12 MR BHARGAV M BHATT, ADVOCATE for the Appellant CRIMINAL APPEAL NO.1812/12 MR MIHIR DESAI, SENIOR ADVOCATE, MR YN RAVANI with MR KALPESH N SHASTRI, ADVOCATES for the Appellants MR YS LAKHANI, SENIOR ADVOCATE, with MR PRAVIN GONDALIYA, for respondent No.1 CRIMINAL APPEAL NO.1862/12 MR YS LAKHANI, SENIOR ADVOCATE, with MR PRAVIN GONDALIYA, for the Appellant CRIMINAL APPEAL NO.1713/12, 1708-1711/12, 1740/12, 1862/12 AND 1812/12 MR PRASHANT G DESAI, SENIOR ADVOCATE/Special Public Prosecutor MR RC KODEKAR, Special Assistant Public Prosecutor MR GAURANG A VYAS, Special Asstt. Public Prosecutor MR KUNAL AMIN AND MR PRAKASH KAPOOR, ADVOCATES on behalf of the respondent-State CRIMINAL APPEAL NO.1050/13 AND 1598-1600/2013 MR PRASHANT G DESAI, SENIOR ADVOCATE/Special. Public Prosecutor MR RC KODEKAR, Special Assistant Public Prosecutor MR GAURANG A VYAS, Special Assistant Public Prosecutor MR KUNAL AMIN AND MR PRAKASH KAPOOR, ADVOCATES on behalf of the Appellant-State MR YS LAKHANI, SENIOR ADVOCATE with MR PRATIK B BAROT, ADVOCATE for the Respondents No.1, 3-5 (Criminal Appeal No.1050/13)
MR YS LAKHANI, SENIOR ADVOCATE, with MR PRAVIN GONDALIYA, for the Respondents (Criminal Appeal No.1598/13)
MR YS LAKHANI, SENIOR ADVOCATE, with MR PRAVIN GONDALIYA, for the Respondent No.1 (Criminal Appeal No.1599/13)
MR YS LAKHANI, SENIOR COUNSEL, with MR JAY M THAKKAR, for the Respondents No.2-6 (Criminal Appeal No.1599/13)
MR YS LAKHANI, SENIOR ADVOCATE, with MR JAY M THAKKAR, for the Respondents (Criminal Appeal No.1600/13)
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI and HONOURABLE MR.JUSTICE A.S. SUPEHIA Date : 20/04/2018
COMMON CAV JUDGMENT
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
Considering the length of the judgment, it is deemed fit to provide an index for ready reference.
:: INDEX ::
Parts
Sr. No.
Particulars
Paragraph No.
I
1
PREFACE (BACKGROUND) AND F.I.R.
1 to 6.5
II
2
THE CHARGE
7 to 7.26
III
3
EVIDENCE ADDUCED DURING THE COURSE OF TRIAL
10 to 12
IV
4
FINAL ORDER PASSED BY THE TRIAL COURT
13 to 13.32
V
5
APPEALS
14 to 15
VI
6
GENERAL PRINCIPLES F