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Gujarat High Court

Jivanbhai Mahadevbhai Aayar vs State Of Gujarat & 6 - Opponent(S) on 26 July, 2012

Author: Ravi R.Tripathi

Bench: Ravi R.Tripathi

         CR.A/163/2012                              1/2                                               ORDER


                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                CRIMINAL APPEAL No. 163 of 2012

         =========================================================
                 JIVANBHAI MAHADEVBHAI AAYAR - Appellant(s)
                                   Versus
                     STATE OF GUJARAT & 6 - Opponent(s)
         =========================================================
         Appearance :
         MR PRATIK B BAROT for Appellant(s) : 1,
         MR LR PUJARI, ADDITIONAL PUBLIC PROSECUTOR for Opponent(s) : 1,
         None for Opponent(s) : 2 - 7.
         =========================================================
                         CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

                                  and

                                  HONOURABLE MR.JUSTICE PARESH UPADHYAY



                                        Date : 26/07/2012


         ORAL ORDER

(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)

1. The present appeal is filed by the original complainant under Section 372 of the Code of Criminal Procedure against judgment and order passed by the learned Sessions Judge, Patan in Sessions Case No.90 of 2010 dated 28.12.2011. The learned Sessions Judge was pleased to acquit the accused for offence under Section 307 of he Indian Penal Code and was pleased to convict them only for offence under Section 325 of the Indian Penal Code and awarded R.I. tor 2 years and Section 326 of the Indian Penal Code and awarded R.I. for 2/5 years.

2. The appellant has contended the sentence imposed HC-NIC Page 1 of 2 Created On Wed Oct 14 02:03:17 IST 2015 CR.A/163/2012 2/2 ORDER is also disproportionate.

3. Learned Advocate for the appellant invited attention of the Court to the relevant evidence and injuries caused and sustained by the complainant.

4. The matter requires consideration.

ADMIT.

(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole HC-NIC Page 2 of 2 Created On Wed Oct 14 02:03:17 IST 2015