IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 228 of 2006 With R/CRIMINAL APPEAL NO. 716 of 2006 With R/CRIMINAL REVISION APPLICATION NO. 189 of 2007 With CRIMINAL MISC.APPLICATION NO. 1 of 2007 In R/CRIMINAL REVISION APPLICATION NO. 189 of 2007 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI =====================================================

Approved for Reporting Yes No √

=====================================================

BHARATBHAI MANHARBHAI & ORS.

Versus THE STATE OF GUJARAT =====================================================

Appearance:

MR KIRTIDEV R DAVE(3267) for the Appellant(s) No.

1,2,3,4 MR GIRISH M DAS for the Applicant in CRRA 189/07 MS JYOTI BHATT, APP for the Opponent(s)/Respondent(s)

No. 1 =====================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 19/12/2025 COMMON ORAL JUDGMENT

1. The judgment of conviction was declared on

2.2.2006 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court no.6, Nadiad in Sessions Case no.289 of 2004, wherein the trial was conducted against six accused. The Trial Court acquitted accused nos.5 and 6 by giving benefit of doubt from the charges under Sections 498A, 306 read with 114 of the Indian Penal Code, 1860 (“IPC” for short). The learned Trial Court Judge found accused nos.1, 2, 3 and 4 guilty under Section 498A IPC and sentenced them for two years rigorous imprisonment with fine of Rs.500/- and in default of payment of fine, to suffer further fifteen days rigorous imprisonment. Accused nos.1 to 4 were acquitted from the charge under Section 306 IPC. No independent sentence was imposed under Section 114 IPC.

2. The appellants, who were accused nos.1 to 4, have filed Criminal Appeal no.228 of 2006 challenging the conviction and sentence, while Criminal Appeal no.716 of 2006 is filed by the State against accused nos.1 to 4 making a prayer to set aside the judgment and order of acquittal under Section 306 read with Section 114 IPC and to convict them even in this offence.

3. While Criminal Revision Application no.189 of

2007 is filed by the de facto complainant – Shashikant Narottambhai Parmar under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) seeking following prayers:-

“(A) Your Lordships be pleased to direct the re trial of the case qua the issue of criminal conspiracy and resultant murder u/s 302 of IPC involving all the accused as per the matter on record of the case.

(B) Your Lordships be pleased to pass necessary orders against those whose acts or omission were intended to shield the culprits during the investigation and trial from the murderous incident, so as to meet ends of the justice.

(C) Your Lordships be pleased to direct the Sessions Court, Nadiad to frame the charge U/s.302 of IPC along with others as required in light of the material on record and further be pleased to direct to join the other accused as per the evidence on record in the interest of justice.

(D) ... ... ...”

4. This matter has been listed for about 28 times.

Learned advocate Mr. Girish M. Das for the applicant has failed to appear. Section 397 Cr.P.C. is for “calling of records to exercise powers of revision” of this Court. The said power can be invoked under Section 401 Cr.P.C. for the purpose of satisfying as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of inferior Court and when calling for such record, may direct that the execution of any sentence or order be suspended and if the accused is in confinement, that he shall be released on bail or on his own bond pending the examination of the record. Section 401 Cr.P.C. refers to the High Court’s power of revision, which is reproduced hereinbelow:-

“401. High Court's powers of revision.— (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the