Gujarat High Court
Govindbhai Adherabhai Katara vs State Of ... on 16 October, 2015
Bench: M.R. Shah, K.J.Thaker
R/CR.A/1629/2010 FARAD
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 1629 of 2010
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=== GOVINDBHAI ADHERABHAI KATARA....Appellant(s) Versus STATE OF GUJARAT....Opponent(s)/Respondent(s) ============================================= Appearance:
MR. PARAM BUCH FOR MR HRIDAY BUCH, ADVOCATE for the Appellant(s) No. 1 MR. H.K. PATEL ADDL. PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE K.J.THAKER Date : 16/10/2015 FARAD (PER : HONOURABLE MR.JUSTICE M.R. SHAH) In view of the reasons recorded in the judgment and the findings recorded herein above, the impugned judgment and order of conviction and sentence convicting the appellant herein - original accused for the offence punishable under Section 302 of the Indian Penal Code cannot be sustained and the appellant herein - original accused entitled to benefit of doubt. Consequently, the impugned judgment and order is hereby quashed and set aside and appellant herein - original accused is acquitted for the charge for which he came to be tried i.e. for the offence punishable under Section 302 of the Indian Penal Code. It is reported that accused is in jail and undergoing sentence pursuant to the impugned judgment and order of conviction and sentence which is now set aside, the appellant herein - original accused shall be set at free forthwith, if not required in any other case. Present appeal is allowed accordingly.
(KAUSHIK J. RATHOD)
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R/CR.A/1629/2010 FARAD
PS
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