Gujarat High Court
State Of Gujarat vs Ajit @ Lalo Udesing Patanvadiya & 8 on 16 February, 2015
Author: Anant S. Dave
Bench: Anant S. Dave, G.R.Udhwani
R/CR.MA/1104/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1104 of
2015
In CRIMINAL APPEAL NO. 111 of 2015
With
CRIMINAL APPEAL NO. 111 of 2015
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STATE OF GUJARAT....Applicant(s)
Versus
AJIT @ LALO UDESING PATANVADIYA & 8....Respondent(s)
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Appearance:
MR JK SHAH, ADDL.PUBLIC PROSECUTOR for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 16/02/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. This application under Section 378(1)(3) of the Code of Criminal Procedure, 1973 ( for short "the Code" ) seeking leave to preferred appeal arising out of judgment and order of acquittal dated 14.10.2014 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.177 of 2010, wherein, at the end of trial the learned Judge was pleased to acquit the accused No.5, 8 and 9 for the offences under Sections 143, 144, 147, 148, 149, 302, 323, 325 of Indian Penal Code ( for short "IPC" ) and Section 135 of Bombay Police Act and accused No.1, 2, 3, 4, 6 and 7 for the offences under Section 302 of IPC and Section 135 of Bombay Police Act, whereas convicted the accused No.1, 2, 3, 4, 6 and 7 for the offences under Sections 143, 144, 147, 148, 149, 304, 323, Page 1 of 3 R/CR.MA/1104/2015 ORDER 325 of IPC, and therefore, the State of Gujarat - original complainant has preferred this appeal against the order of acquittal.
2. Mr.J.K.Shah, learned Additional Public Prosecutor has taken us to the contents of evidence, copies of which are made available to us and judgment and order of acquittal, and submitted that, in a case under Sections 143, 144, 147, 148 and 149 read with Section 302 of IPC etc., when the learned Judge has believed unlawful assembly and presence of all at the scene of offence as a corollary order of punishment ought to have been followed convicting and sentencing all the accused not only under Section 304 but under Section 302 of IPC and against those who are acquitted. It is submitted that forming an unlawful assembly with intention to commit crime under Section 302 and material was brought before the learned Judge, a case was made out by the prosecution to convict and sentence the accused under Section 302 of IPC. Accordingly, leave as prayed for be granted.
3. Upon perusal of judgment and order of acquittal qua accused other than those who are sentenced under Section 304 of IPC read with Sections 147, 148, 149 etc., prima facie, we find force in the submission made by learned APP, and a case is made out to grant the leave to appeal as prayed for. Accordingly the application for leave to appeal is allowed.
(ANANT S.DAVE, J.)
Page 2 of 3
R/CR.MA/1104/2015 ORDER
(G.R.UDHWANI, J.)
ORDER IN CRIMINAL APPEAL NO. 111 OF 2015
Appeal is Admitted.
Bailable warrant in the sum of Rs.5,000/- (Rupees Five Thousand) each be issued against the respondents-original accused.
(ANANT S.DAVE, J.) (G.R.UDHWANI, J.) syed/ Page 3 of 3