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2016 DIGILAW 118 (GUJ)

State of Gujarat v. Sureshbhai Fakabhai Machhi

2016-01-18

M.R.SHAH, Z.K SAIYED

body2016
JUDGMENT : M.R. Shah, J. For the reasons recorded in the judgment dictated today, the Honourable Court has been pleased to pass the following order:- “The present Criminal Appeal succeeds in part. The impugned judgment and order dated 24.8.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Bharuch camp at Ankleshwar, acquitting original accused in Special Atrocity Case No. 22 of 2006 for the offences punishable under Sections 323, and 504 of the Indian Penal Code and under Section 3(2)(5) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act is hereby confirmed. The impugned judgment and order passed by the learned Special Court acquitting the original accused No. 2 for the offence punishable under Section 302 of the Indian Penal Code is also hereby confirmed. However, the impugned judgment and order passed by the learned Special Court acquitting the original accused No. 1 for the offence under Section 302 of the Indian Penal Code is hereby quashed and set aside and original accused No. 1 is hereby held guilty for the offence under Section 304 Part-I of the Indian Penal Code for the death of deceased - Naineshbhai Kanchanbhai Vasava and is hereby convicted for the offence under Section 304 Part-I of the Indian Penal Code. The original accused No. 1 is hereby directed to undergo the sentence of 10 years R.I with fine of Rs. 5,000/- (Rupees Five Thousand Only) and in default to undergo further 06 months R.I for the offence under Section 304 Part-I of the Indian Penal Code. As the impugned judgment and order of acquittal is being reversed and original accused No. 1 is hereby held guilty for the offence under Section 304 Part-I of the Indian Penal Code his bail bond stands cancelled and time to surrender to the original accused No. 1 to undergo the sentence as per the present judgment and order is granted upto 21.2.2016 It goes without saying that whatever sentence the original accused No. 1 has undergone during the trial the same may be given set off in accordance with law. The present Appeal is partly allowed to the aforesaid extent. The Criminal Revision Application No. 750 of 2006 preferred by the original complainant stands disposed of in aforesaid term.”