CR.A/73/2002 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 73 of 2002 HONOURABLE MR.JUSTICE R.P.DHOLAKIA HONOURABLE MR.JUSTICE KS JHAVERI =================================== 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? =================================== SHANKARBAHI MAGANBHAI BARIYA - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) =================================== Appearance : MR ATUL H MEHTA for Appellant(s) : 1, MR HL JANI, APP, for Opponent(s) : 1, =================================== CORAM : HONOURABLE MR.JUSTICE R.P.DHOLAKIA and CR.A/73/2002 2/2 JUDGMENT HONOURABLE MR.JUSTICE KS JHAVERI Date : 28/03/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE KS JHAVERI) 1. The present appeal is filed against the very same judgement and order of learned Additional sessions Judge, Panchmahals at Godhra, in Sessions Case No.139 of 2001, whereby the appellant has been convicted under section 302 of IPC and sentenced him to suffer life imprisonment and fine of Rs.2000/-, in default to undergo simple imprisonment for six months. 2. Against the very same judgement the appellant had filed Criminal Appeal No.313 of 2002 before this Court. This Court vide judgement and order dated 28th March 2008 has dismissed the said appeal on merits. In that view of the matter the present appeal is dismissed. [R.P. DHOLAKIA, J.] [K.S. JHAVERI, J.] ar