Gujarat High Court
Vijaybhai Babubhai Pattani vs State Of ... on 21 December, 2015
Bench: Ks Jhaveri, R.P.Dholaria
R/CR.A/739/2006 FARAD
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 739 of 2006
With
CRIMINAL APPEAL NO. 832 of 2006
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VIJAYBHAI BABUBHAI PATTANI....Appellant(s) Versus STATE OF GUJARAT....Opponent(s)/Respondent(s) ================================================================ Appearance:
MR MAULIK NANAVATI for NANAVATI & CO., ADVOCATE for the Appellant(s) No. 1 MS CM SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE KS JHAVERI and HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 21/12/2015 FARAD (PER : HONOURABLE MR.JUSTICE KS JHAVERI) For the reasons recorded in the judgment dictated today, the Court has passed the following order:-
"Criminal Appeal No.739 of 2006 is partly allowed. The impugned judgment and order dated 28.2.2006 passed by learned Presiding Officer, Fast Track Court No.3, Ahmedabad (Rural) in Sessions Case No.95 of 2000 is modified to the extent that accused no.1 is held guilty for the offence punishable under Section 489 (C) of IPC instead of offences punishable under Sections 489 (A) and 489 (D) of IPC and ordered to undergo seven years imprisonment instead of imprisonment of life imposed by the trial Court. Remaining part of the impugned Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Dec 22 02:12:45 IST 2015 R/CR.A/739/2006 FARAD judgment shall remain unaltered so far as accused no.1 is concerned. Accused no.1 shall surrender before the jail authorities within a period of ten weeks from today to serve out the remaining period of sentence. The period of imprisonment already undergone by accused no.1 shall be given set off.
Criminal Appeal No.832 of 2006 is dismissed. The impugned judgment and order dated 28.2.2006 passed by learned Presiding Officer, Fast Track Court No.3, Ahmedabad (Rural) in Sessions Case No.95 of 2000 acquitting accused nos. 2 to 8 of the charges levelled against them is confirmed.
Bail bond, if any, of the accused stands cancelled. Record and Proceedings, if lying here, be sent back to the concerned trial Court forthwith."
(R.S. MALEK) PPS/PS Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Dec 22 02:12:45 IST 2015