Gujarat High Court
State Of Gujarat vs Samatbhai Deshabhai Dholiya Dalit on 18 September, 2015
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
R/CR.A/1391/2005 FARAD
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 1391 of 2005
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STATE OF GUJARAT....Appellant(s) Versus SAMATBHAI DESHABHAI DHOLIYA DALIT DIST:JUNAGADH....Opponent(s)/Respondent(s) ======================================================== Appearance:
MR H. L. JANI, APP ROSECUTOR for the Appellant(s) No. 1 HCLS COMMITTEE, ADVOCATE for the Opponent/Respondent No. 1 MR PV PATADIYA, ADVOCATE for the Opponent/Respondent No. 1 ======================================================== CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 18/09/2015 FARAD For the reasons recorded in the oral judgment, the Court has passed the following order:
"In the result, the appeal is partly allowed. The judgment and order of acquittal passed in the Sessions Case No.8 of 2001 passed by the learned Fast Track and Additional Sessions Judge, Veraval dated 17.02.2005, is set aside.
The respondent accused is convicted for the offence punishable under Sections 323, 304, 506(2), 498 (A), 307 of the IPC and sentenced to undergo: (i) Rigorous Imprisonment for three years for the offence punishable under Section 307; (ii) Rigorous Imprisonment for two years for the offence punishable under Section 498A Indian Penal Code; (iii) The respondentaccused is ordered to pay fine of Rs.2,500/ (Rupees two thousand five hundred) for each offence and in default to undergo Simple Imprisonment for two months.
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R/CR.A/1391/2005 FARAD
Further, the respondentaccused is ordered to undergo: (i) Simple Imprisonment for one year for the offence punishable under Section 323; (ii) Simple Imprisonment for one year for the offence punishable under Section 506(2) of the Indian Penal Code; (iii) The Respondentaccused is ordered to pay fine of Rs.1,000/ (Rupees One thousand) for each offence and in default to undergo Simple Impressionist for one month.
Bail bonds stand cancelled. All these sentences are ordered to run concurrently. The Respondentaccused shall surrender himself before the Trial Court within a period of four weeks from today to serve the sentence.
Learned Advocate Shri Patadiya shall intimate the respondentaccused regarding surrender to comply with the order. Record and proceedings, be sent to the Court below forthwith."
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