Gujarat High Court
Babu Bhai Lavjibhai Aasediya & vs State Of ... on 4 September, 2015
Author: Anant S.Dave
Bench: Anant S. Dave, Z.K.Saiyed
R/CR.A/248/2011 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 248 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE Z.K.SAIYED
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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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BABU BHAI LAVJIBHAI AASEDIYA & 1....Appellant(s)
Versus
STATE OF GUJARAT....Opponent(s)/Respondent(s)
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Appearance:
MR HARSHIT S TOLIA, ADVOCATE for the Appellant(s) No. 1 - 2
MR PARTH S TOLIA, ADVOCATE for the Appellant(s) No. 1 - 2
MR HARDIK SONI APP for the Opponent(s)/Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE Z.K.SAIYED
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R/CR.A/248/2011 CAV JUDGMENT
Date : 04/09/2015
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE Z.K.SAIYED)
1. By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellants have challenged the judgment and order of conviction dated 28.12.2010 passed by the learned Third Additional Sessions Judge, Banaskantha - Palanpur, in Sessions Case No.64 of 2010. The said case was registered against the appellants- original accused for the offences punishable under Sections 302 and 114 of the Indian Penal Code. The appellants were sentenced for life and to pay fine of Rs.1000/- each, in default, simple imprisonment for six months for the offence punishable under Sections 302 and 114 of the Indian Penal Code.
2. According to the prosecution case, the complainant Bhavnaben, who was in the Civil Hospital, Palanpur, gave complaint against the appellants - accused stating that on 19.6.2010, at 6:00 p.m., she was at home situated in the Chamarvas at village Dhandha. At that time, her father came from the field and told her as to why she did not come at field and she replied that she was not well. At that time, her grandfather and grandmother were at home and her father and grandfather i.e. the present appellants - accused poured kerosene on her and the appellant No.1 set her at fire. Said Bhavnaben therefore, ran away from the house and she was fallen down at the outside of the house. As per the complaint, the bed sheet was thrown by someone on the complainant, but the complainant had no knowledge about the name of person, who threw the said bed-sheet on her. Thereafter, she was Page 2 of 16 HC-NIC Page 2 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT taken to the Civil Hospital, Palanpur, on around about 8:45 p.m. without police yadi by some persons. So, the Doctor of said Civil Hospital informed the police through Yadi. Therefore, the P.S.O., Palanpur Taluka Police Station registered Janvajog entry No.2 of 2010 and the inquiry was handed over to one Head Constable Jashvantkumar. During the inquiry, one Yadi was sent to the Executive Magistrate to record dying declaration of the injured victim Bhavnaben and therefore, her dying declaration was recorded by the Executive Magistrate, Palanpur, wherein she stated that her father and grandfather poured kerosene on her. The Doctor made endorsement about consciousness of the patient and at the end of dying declaration, signature of the Medical Officer of Civil Hospital, Palanpur, was also made. Said dying declaration was recorded from 10:30 p.m. to 10:49 p.m. The victim Bhavnaben received 82 to 85% burn injury and therefore, for further treatment, she was shifted to Ahmedabad Civil Hospital on 20.6.2010. The complaint was taken by the Police Sub-Inspector, Palanpur Taluka Police Station, on 20.6.2010 at around 12:00 p.m. for the offences punishable under Sections 307 and 114 of the Indian Penal Code, wherein said Bhavnaben put her thumb mark. Thereafter, investigation was handed over to Police Sub- Inspector, Palanpur Taluka Police Station and panchnama - scene of offence was drawn and muddamal was recovered and seized. The panchnama for physical condition of the victim was drawn and thereafter, the original accused No.1 was traced out and his physical panchnama was also drawn and he was arrested by the police. Under the panchnama, the cloth of said accused No.1 and kerosene tins were also recovered from his house. After making visit by the FSL officer on 20.6.2010, the report of the FSL was tagged with the investigation papers.
Page 3 of 16HC-NIC Page 3 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT During the course of medical treatment, the said victim Bhavnaben expired at Civil Hospital, Ahmedabad and therefore, for the offence under Section 302 of the Indian Penal Code, a report was made to the concerned Court. Then, second accused was arrested. The panchnama of physical condition of second accused i.e. appellant No.2 was also drawn. The cloths were recovered under the recovery panchnama, muddamal receipts were prepared and said muddamal was sealed by FSL. Then inquest panchnama was drawn and dead body was sent to the Doctor for Post Mortum with relevant papers, inquest panchnama etc. Thereafter, charge sheet came to be filed against the appellants - accused before the Chief Judicial Magistrate, Palanpur and as the case was sessions triable, the same was committed to the Court of Sessions.
4. Thereafter, charge came to be framed at Exhibit 2 and explained to the accused persons to which the accused person pleaded not guilty and claimed to be tried.
5. To prove the case against the accused persons, the prosecution examined following witnesses :
Sr. No. Witnesses Exhibit P.W.-1 Dr. Laxmikant Nekchand Somani, M.O. 8 P.W.-2 Dr. Tarunsinh Jagdishsinh Vaghela, M.O. 13 P.W.-3 Ratilal Godadbhai Parmar, Panch 17 P.W.-4 Dineshbhai Kalubhai Chaudhary, Panch 19 P.W.-5 Chehrabhai Bhikhabhai Chaudhary, Panch 21 P.W.-6 Javedkhan Bhikhankhan Parmar, Panch 22 P.W.-7 Prahladbhai Nathabhai Nai, Exe. Magistrate 25 P.W.-8 Dr. Yogeshkumar Hemrajbhai, M.O. 28 P.W.-9 Parsottambhai Ramjibhai, Panch 29 P.W-10 Babubhai Ramabhai, Panch 31 Page 4 of 16 HC-NIC Page 4 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT P.W.-11 Sukhabhai Somabhai Bhakhariya, Panch 33 P.W.-12 Kantibhai Maghabhai Parmar, 34 P.W.-13 Jayantibhai Maghabhai Parmar 35 P.W.-14 Punabhai Nanjibhai 36 P.W.-15 Maganbhai Karsanbhai 37 P.W.-16 Shankarbhai Kuberbhai Osediya 38 P.W.-17 Khodabhai Shankarbhai Chaudhary, I.O. 39 P.W.-18 Amriben Lavjibhai Osediya 57
5. The prosecution also produced following documentary evidence.
Sr. No. Document Exhibit 1 P.M. Note 9 2 Cause of death certificate 10 3 Yadi to Medical Officer 11 4 Form of Dying declaration 12 5 Yadi to Medical Officer 14 6 Medical certificate of victim Bhavnaben 15 7 Medical treatment papers 16 8 Panchnama - physical condition of 18 complainant 9 Panchnama - physical condition of accused 20 10 Panchnama - recovery of cloth of accused 23 No,.2 11 Yadi for taking Dying declaration 26 12 Dying Declaration 27 13 Panchnama - scene of offece 30 14 Panchnama - recovery of cloth and kerosene 32 15 Complaint 40 16 Order for investigation 41 17 Wireless message 42 18 Special report for offence 43 19 FSL report 44 Page 5 of 16 HC-NIC Page 5 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT 20 Yadi for obtaining Dying declaration 45 21 copy of station diary 46 22 Report of addition of Section 302 47 23 Inquest Panchnama 48 24 Yadi written by Shahibaug Police Station 49 25 Yadi for preparing Map to the Exe. Magistrate 50 26 Certificate 51 27 Receipt for acknowledgment of muddamal 52 28 Yadi to RMO, Ahmedabad Civil Hospital 53 29 FSL report 54
6. Thereafter, after filing closing pursis by the prosecution, further statements of accused persons under Section 313 of the Code of Criminal Procedure, 1973 were recorded. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them by wrongly implicating them in the commission of the alleged offence.
7. At the conclusion of trial and after appreciating the oral as well as documentary evidence and considering the submissions made by the learned advocates for the respective parties, the learned Sessions Judge vide impugned Judgment and order, convicted and sentenced the present appellants - accused by observing that in the present case, before the Executive Magistrate, dying declaration was recorded in the presence of the Doctors, who are independent witnesses. Learned Sessions Judge also considered that the Police Sub- Inspector, Taluka Police Station, Palanpur, who had registered the complaint of the victim deceased in the form of dying declaration, wherein the deceased disclosed the role of both the accused persons. Learned Sessions Judge also observed in the impugned judgment and order that the accused persons Page 6 of 16 HC-NIC Page 6 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT poured kerosene on the deceased and appellant No.1 lit fire. Therefore, the appellants - accused were convicted and sentenced as stated above.
8. Being aggrieved by and dissatisfied with the said judgment and order of conviction dated 28.12.2010 passed by the learned Third Additional Sessions Judge, Banaskantha - Palanpur in Sessions Case No.64 of 2010, the present appellants - accused has preferred the present Appeal before this Court.
9. Heard learned advocate Mr. Toliya, for the appellants and Mr. H.S.Soni, learned APP for the respondent - State.
10. Learned advocate Mr. Toliya appearing on behalf of the appellants - accused submitted that the judgment and order passed by the learned Judge is contrary to law and evidence on record. He contended that the learned Judge has not properly appreciated oral as well as documentary evidence adduced by the parties in its proper perspective.
11. He has contended that alteration as well as contradictions in the deposition of witnesses are not considered as per law. He has contended that the learned Judge has failed to consider that the burden to prove the offence rests on the prosecution and, therefore, it is the duty of the prosecution to prove the case by producing cogent, trustworthy and reliable evidence. He submitted that in the present case, the prosecution examined P.W.2, who is an independent witness - Dr. Tarunsinh Jagdishsinh Vaghela at Exhibit 13 before whom the case history was given by the deceased herself. This witness stated in his evidence that while cooking the food, the primus was burst and therefore, the Page 7 of 16 HC-NIC Page 7 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT deceased received burn injuries. As per the say of this witness, due to accident, the deceased received injuries. Learned advocate further submitted that as per P.M. Note at Exhibit 9, in column No.5, it is mentioned by P.W.1 - Dr. Laxmikant Nekchand Somani examined at Exhibit 8 that while cooking the food, the deceased tried to fill up the kerosene in the primus and at that time the primus was burst and the deceased sustained injuries. Learned advocate further submitted that the panch P.W.3 - Ratibhai Godadbhai Parmar, is relative of the deceased, and therefore, his evidence cannot be considered. Learned advocate read the evidence of P.W.4 - Dineshbhai Kalubhai Chaudhary examined at Exhibit 19, P.W.5 - Chehrabhai Bhikhabhai Chaudhary, Exhibit 21 and P.W.6 - Javedkhan Bhikhankan Parmar and submitted that all these panchas turned hostile and the prosecution could not produce any supporting evidence with regard to the Panchnama. Learned advocate drew the attention of the Court to the evidence of P.W.7 Prahladbhai Nathabhai Nai, examined at Exhibit 25, the Executive Magistrate, who recorded dying declaration of the deceased and submitted that due to pressure and influences of the relatives of the deceased and under the instructions of relatives, as being tutored, the deceased disclosed contrary facts before the Executive Magistrate. Learned advocate further read the dying declaration at Exhibit 27 and submitted that under the influence, the concerned Doctor made endorsement regarding consciousness of the deceased at the time of recording of dying declaration. Learned advocate also read the evidence of P.W.8 Dr. Yogeshkumar Hemrajbhai Desai examined at Exhibit 28 and submitted that as per the evidence of this witness, a person, who receives 80 to 85% burn injuries, cannot give any Page 8 of 16 HC-NIC Page 8 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT statement and in the present case, if his evidence is believed, the deceased was not in a position to give her statement as she had received injuries to the extent of 80 to 85%. Learned advocate further submitted that the prosecution produced Panchnama - scene of offence at Exhibit 30, but the P.W.9 Parsottambhai Ramjibhai Shrimali examined at Exhibit 29, turned hostile and therefore, it can be said that the said Panchnama is not proved by the prosecution beyond reasonable doubt. Learned advocate further submitted that P.W.10 Panch - Babubhai Ramabhai examined at Exhibit 31 through whom cloths of the appellant Babubhai Lavjibhai were recovered but it is not proved by the prosecution beyond reasonable doubt. Learned advocate further submitted that even the Muddamal i.e. plastic can and tin, which are shown in the recovery panchnama are also not proved by the prosecution by any cogent evidence.
12. Learned advocate Mr. Toliya read the evidence of P.W.12
- Kantibhai Parmar examined at Exhibit 34 and submitted that this witness stated in his evidence that the appellant No.1 committed murder of his sister Kamuben in the year 1994 and therefore, her deceased daughter was living with him since her childhood, however, since said case was later on settled due to interference of the members of the society the accused were acquitted. As per evidence of this witness, he was informed through telephonic message that the deceased Bhavnaben was taken to Palanpur Civil Hospital and thereafter, she was taken for further medical treatment at Civil Hospital, Ahmedabad. Even the complaint was given by the deceased herself before the PSI, Palanpur Taluka Police Station. Learned advocate, therefore, submitted that due to previous animosity, Page 9 of 16 HC-NIC Page 9 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT this witness, who is maternal uncle of the deceased, wrongly implicated the appellants accused in the commission of the alleged offence. Learned advocate further submitted that as per the evidence of Investigating Officer, P.W. 17 - Khodabhai Shankarbhai Chaudhary examined at Exhibit 39, it is prima facie established that the complaint and dying declaration recorded by the PSI and Executive Magistrate respectively are concocted. Learned advocate submitted that when the victim was shifted to the hospital, the appellant No.2 joined with her and therefore, the conduct of the appellant No.2 shows that he has been wrongly implicated in the offence.
13. In support of his submissions, learned advocate relied upon the followings cases:
(i) Nallapati Sivaiah Vs. Sub Divisional Officer Guntur, A.P., 2007(3) GLH 491 (SC)
(ii) Sharda Vs. State of Rajasthan, (2010) 2 SCC 85
(iii) Chinnamma Vs. State of Kerala, (2004) 12 SCC 244
(iv) Mohar Singh Vs. State of Punjab & Haryana 1981 (Supp) SCC 18 = AIR 1981 SC 1578
(v) Maniram Vs. State of Madhya Pradesh, AIR 1994 SC 840
(vi) Dandu Lakshmi Reddy Vs. State of AP, 1999(7) SCC 69
(vii) Laila Srinivasa Rao Vs. State of AP, (2004) 9 SCC 713
(viii) Balak Ram Vs. State of Uttar Pradesh, AIR 1974 SC 2165 = 1975(3) SCC 219 Page 10 of 16 HC-NIC Page 10 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT
(ix) State of Punjab Vs. Gian Kaur AIR 1998 SC 2809
14. Learned advocate for the appellants, therefore, submitted that in view of the cases relied upon by him and as the dying declaration of the deceased is neither trustworthy nor acceptable and since it is not not corroborated with any supportable evidence, the impugned judgment and order is required to be quashed and set aside by acquitting the appellants for the charges levelled against them.
15. As against, learned APP Mr. Soni for the respondent State supported the impugned judgment and order of conviction and sentence passed by the learned Sessions Judge. He submitted that the impugned judgment and order is not required to be interfered by this Court. He read the dying declaration recorded by the Executive Magistrate and the complaint recorded by the PSI, Taluka Police Station, Palanpur and submitted that there is no reason to disbelieve the contents of the dying declaration, as it is recorded by the Executive Magistrate in the presence of the Doctor, who has disclosed before the learned Sessions Judge that he had made endorsement about the consciousness of the deceased at that time. Learned APP further submitted that the Executive Magistrate and Doctor, both are the independent witnesses and even from the cross-examination of both these witnesses, the defence could not establish that due to some animosity, the appellants were wrongly implicated in the alleged offence. Learned APP further read the contents of the complaint and submitted that it cannot be said that since the deceased Bhavnaben is daughter of the appellant No.1 and Page 11 of 16 HC-NIC Page 11 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT granddaughter of the appellant No.2, under the influence of the maternal uncle and relatives of the deceased, the deceased disclosed the role of the appellants in the dying declaration, but from the evidence of the Executive Magistrate and Investigating Officer, it is prima facie established that the deceased disclosed the role on the part of the appellants in the commission of the offence, without any influence and/or guidance of any one. He also submitted that the dying declaration is proved beyond reasonable doubt as the same is trustworthy, reliable and acceptable.
16. Learned APP read the evidence of P.W.2 - Dr. Tarunsinh Jagdishsinh Waghela, who admitted in his cross-examination that in the head chit (case history), it is disclosed by the P.W.2 that at the time of cooking the food, the deceased received injuries due to accident. Learned APP read the contents of inquest panchnama and P.M.Note with regard to the injuries found on the dead body and submitted that looking to the injuries on the dead body, it prima facie establishes that if the person, who has received accidental burn injuries, in that case, such injury cannot be found from the body of the victim. Learned APP further read the contents of the dying declaration and complaint and submitted that in the dying declaration, the deceased herself disclosed that both the appellants accused had poured kerosene and appellant No.1 set her on fire and therefore, she received serious burn injuries. Learned APP further submitted that in the present case, P.W.2, who admitted in his evidence that he endorsed in the case papers that the deceased received injuries while cooking the food.
17. Learned APP in support of his submissions, cited case of Page 12 of 16 HC-NIC Page 12 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT Paniben (SMT) Vs. State of Gujarat reported in (1992) 2 Supreme Court Cases 474 and submitted that in the cited case, the mother-in-law poured kerosene on person of deceased while she was asleep and lit the fire. He also submitted that the deceased was found by the Doctor in conscious state at the time of recording of the statement and upon relying three dying declaration, the Hon'ble Supreme Court confirmed the sentence. He submitted that in the present case, the appellant No.1, who is father of the deceased and the appellant No.2, grandfather of the deceased poured kerosene on the person of the deceased and the appellant No.1 set her on fire and thereafter, the deceased was shifted to Palanpur Civil Hospital and subsequently, she was shifted to Civil Hospital, Ahmedabad as she got 80 to 85% burn injuries. Herein the present case, the dying declaration was recorded by the Executive Magistrate, wherein the deceased disclosed the role on the part of the accused in the commission of the offence. Even the complaint was given by the deceased herself in the form dying declaration recorded by the Executive Magistrate.
18. Learned APP further relied upon the case of Gangotri Singh Vs. State of U.P. reported in AIR 1992 Supreme Court 948, more particularly paras 3 and 4 and submitted that the dying declaration was not result of tutoring and evidences of other witnesses and the Hon'ble Supreme Court dismissed the Appeal. Learned APP further relied on the case of Rakesh and Another Vs. State of Haryana reported in (2013) 4 Supreme Court Cases 69. He therefore, submitted that in the present case, learned Sessions Judge has rightly relied upon the dying declaration as well as the complaint given in the form of dying Page 13 of 16 HC-NIC Page 13 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT declaration before the PSI and evidence of other independent witnesses and after appreciating the evidence in true perspective, convicted and sentenced the appellants by passing impugned judgment and order. Therefore, as per his submission, the impugned judgment and order is not required to be disturbed in any manner.
19. We have heard the learned counsel for the respective parties and perused the papers. We have also considered the submissions advanced by the learned counsel for the rival parties. We have gone through the impugned judgment and order passed by the learned Judge and oral as well as documentary evidence produced on the record. We have read the oral evidence of the prosecution witnesses and also perused the charge framed against the appellants. Here in this case, the appellant Nos.1 and 2 are father and grandfather of the deceased Bhavnaben and on 19.6.2010, the said appellants poured kerosene on the person of victim Bhavnaben and the appellant No.1 set her on fire and accordingly the incident took place. The said Bhavnaben was shifted to Civil Hospital, Palanpur for medical treatment and thereafter, for further treatment, she was referred to Ahmedabad Civil Hospital and during the course of treatment, she died. The dying declaration of said deceased Bhavnaben was recorded by the Executive Magistrate and the complaint was given by the deceased herself to the PSI, Palanpur Taluka Police Station, wherein the deceased stated that the accused poured kerosene on her and the appellant No.1 set her on fire. The submission of learned advocate Mr. Toliya that the appellant No.2 accompanied the victim, when she was shifting to the hospital, therefore, the conduct of the appellant No.2 is required to be considered. But looking to the evidence and Page 14 of 16 HC-NIC Page 14 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT record, the appellant No.2 is not entitled for any benefit of doubt.
20. We are of the opinion that Exhibit 27 and 40 statements made by the deceased before the Executive Magistrate P.W.7 Exhibit 25 and Investigating Officer P.W.17 at Exhibit 39 were read over to her and she had made her thumb impression and therefore, same are admissible under Section 32 of the Evidence Act as dying declarations. We do not find any ground on which dying declaration recorded by the Executive Magistrate and Investigating Officer should be discarded. Both the dying declarations recorded by the public servants could not be attributed with any ulterior motive. We have scrutinized both the dying declarations and same are trustworthy and acceptable. Even cross-examination of the witness i.e. Doctor in whose presence, the Executive Magistrate recorded dying declaration, was never cross-examined on the point of consciousness of the victim. So, both the dying declarations can be relied upon. We have not found any infirmity in recording of dying declarations by the Executive Magistrate and Investigating Officer in view of the evidence of Doctor and certificate for fit mental condition of the victim at the time of recording of statement. As per the serological report at Exhibit 54, presence of kerosene was found on the muddamal which are recovered from the place of the offence under recovery panchnama at Exhibit 31 and tins of kerosene which were recovered under the Panchnama at Exhibit 32 and cloths of the appellant No.2 which were recovered under Panchnama Exhibit
23. Thus, in support of dying declaration made by the victim, it is proved that the appellants with an intention to kill Bhavnaben, poured kerosene on her person and as a result of Page 15 of 16 HC-NIC Page 15 of 16 Created On Mon Sep 07 05:52:48 IST 2015 R/CR.A/248/2011 CAV JUDGMENT that, the said Bhavnaben got fatal burn injuries and thereby, the appellants - accused committed murder of said Bhavnaben. We have perused the cases cited by the learned advocate Mr. Toliya for the appellants, but they are not helpful to the appellants. We are of the considered opinion that the trial Court has rightly convicted and sentenced the appellants for the offences as alleged considering evidence produced on record. Apart from that, learned advocate for the appellants is not in a position to show any evidence to take a contrary view in the matter or that the approach of the lower Court is vitiated by some manifest illegality or that the decision is perverse or that the lower Court has ignored the material evidence on record. Therefore, the present appeal lacks of merit.
21. In the result, the appeal is dismissed. The impugned judgment and order of conviction dated 28.12.2010 rendered by the learned Third Additional Sessions Judge, Banaskantha - Palanpur, in Sessions Case No.64 of 2010 convicting the appellants - accused is hereby confirmed. Record and proceedings, if any, be sent back to the trial Court concerned, forthwith.
(ANANT S.DAVE, J.) (Z.K.SAIYED, J.) YNVYAS Page 16 of 16 HC-NIC Page 16 of 16 Created On Mon Sep 07 05:52:48 IST 2015