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2016 DIGILAW 2132 (GUJ)

Patel Rameshbhai Kanjibhai v. State of Gujarat

2016-10-20

BIREN VAISHNAV, HARSHA DEVANI

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JUDGMENT : Harsha Devani, J. For the reasons recorded in the judgment, the court passed the following order:- Criminal Appeal No. 1/2012 partly succeeds and is accordingly allowed. Accused No. 6 - Amratbhai Somabhai Patel and Accused No. 35 - Sureshkumar Baldevbhai Patel of Sessions Case No. 275 of 2002 are hereby acquitted of all the offences with which they are charged. Criminal Appeal No. 4 of 2012 and Criminal Appeal No. 5 of 2012 succeed and are accordingly allowed. Accused No. 9 of Sessions Case No. 7 of 2009 - Kalabhai Bhikhabhai Patel is hereby acquitted of all the offences with which he is charged the judgment and order of conviction and sentence qua the above accused is hereby quashed and set aside and the appellants are ordered to be forthwith set at liberty unless otherwise required in any other case. Their bail bonds shall stand discharged. 2. Accused No. 1 - Rameshbhai Kanjibhai Patel, accused No. 5 - Jayantibhai Mangalbhai Patel, accused No. 11 - Jagabhai Davabhai Patel, accused No. 16 - Mangalbhai Mathurbhai Patel, accused No. 18 - Bhikhabhai Joitabhai Patel, accused No. 27-Mathurbhai Ramabhai Patel, accused No. 31 - Ramanbhai Jivanbhai Patel, accused No. 46 - Rameshbhai Prabhabhai Patel, accused No. 49 - Kanubhai Joitaram Patel, accused No. 50-Ramanbhai Ganeshbhai Prajapati in Sessions Case No. 275 of 2002 and accused No. 7 in Sessions Case No. 120 of 2008-Dahyabhai Vanabhai Patel are hereby given benefit of doubt and acquitted of all the offences with which they are charged. the judgment and order of conviction and sentence qua the above accused is hereby quashed and set aside and the appellants are ordered to be forthwith set at liberty unless otherwise required in any other case. Their bail bonds shall stand discharged. 3. the judgment and order of conviction and sentence qua the above accused is hereby quashed and set aside and the appellants are ordered to be forthwith set at liberty unless otherwise required in any other case. Their bail bonds shall stand discharged. 3. While maintaining the judgment and order of conviction and sentence qua accused No. 2 - Patel Chaturbhai @ Bhurio Vitthalbhai, accused No. 14 - Patel Kacharabhai Tribhovandas, accused No. 28 - Patel Sureshbhai Ranchhodbhai, accused No. 30 - Patel Tulsibhai Girdharbhai, accused No. 32 - Patel Rajeshbhai Karsanbhai, accused No. 33 - Patel Rameshbhai Kantibhai, accused No. 34 - Patel Madhabhai Vitthalbhai, accused No. 37 - Patel Vishnubhai Prahladbhai, accused No. 38 - Patel Rajendrakumar @ Rajesh Punjabhai, accused No. 40-Patel Prahladbhai Jagabhai, accused No. 41 - Patel Rameshbhai Ramabhai, accused No. 42 - Patel Purshottambhai @ Pashabhai Mohanbhai, accused No. 43 - Patel Ashwinbhai Jagabhai, accused No. 44 - Patel Ambalal Maganbhai Kapur, accused No. 48 - Patel Jayantibhai Ambalal, accused No. 52 - Patel Dahyabhai Kacharabhai and accused No. 54 - Patel Mathurbhai Trikamdas in Sessions Case No. 120 of 2008, they are hereby acquitted of the offences under sections 336, 337 and 295A of the Indian Penal Code the judgment and order of conviction and sentence is hereby set aside to the aforesaid extent qua the said accused whereas the rest of the order of conviction and sentence is hereby maintained. 4. Criminal Appeals Nos. 140, 142, 148, 192 & 582 of 2012 fail and are accordingly dismissed.