CR.A/1424/1986 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1424 of 1986 With CRIMINAL APPEAL No. 1425 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 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 ? ========================================= = STATE OF GUJARAT Versus NAGJIBHAI VARSIBHAI AND OTHERS ========================================= =Appearance : MS MITA PANCHAL, ADDL PUBLIC PROSECUTOR for the Appellant MR BN PATEL for the original complainant MR MR BAROT, Senior counsel with MR YV BRAHMBHATT for Opponent Nos. 2,5,6,7,9,10,11, 13 Respondent Nos. 1,3,4,8 & 12 expired ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 02/09/2008 COMMON ORAL JUDGMENT CR.A/1424/1986 2/3 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) 1. Both the appeals are heard together, arising against the judgment and order dated 23rd October, 1986, passed by the learned Sessions Judge, Mehsana in Sessions Case No.52 of 1986. Learned Additional Public Prosecutor Miss Mita Panchal appearing on behalf of the State and learned advocate Mr. B.N. Patel appearing on behalf of the complainant are heard for the appellant and learned senior advocate Mr. M.R. Barot with learned advocate Mr. Y.V. Brahmbhatt are heard for the respondents. 2. It may be mentioned here that we have been informed that the parties have reached a broad agreement in between them and with the feeling of forget and forgive, the matters are sought to be reconciled. 3. The appeal is abated against those respondent Nos. 1,3,4,8 and 12 of Criminal Appeal No.1425 of 1986 who have died during the pendency of appeal. Death certificates are produced by the learned Additional Public Prosecutor. 4. The appeal preferred against the order of acquittal, being Criminal Appeal No.1425 of 1986, is hereby dismissed, as there is no merit in the appeal and no good and cogent reasons are shown and there is no any illegality committed by the learned Sessions Judge, for interference in the judgment and order passed by the learned Sessions Judge. 5. The appeal preferred for enhancement, being Criminal Appeal No.1424 of 1986, is also dismissed with a modification that, to maintain harmony, peace and good CR.A/1424/1986 3/3 JUDGMENT relations between the parties, the four convicted respondent Nos. 1,4,5 and 6 of Criminal Appeal No.1424 of 1986 each will pay Rs.25,000/- (Rupees Twenty five thousand only) to the complainant side, i.e. heirs of the deceased, through elder son Kanjibhai, son of Mavjibhai Karamshibhai Chaudhary, on or before 05.10.2008, as agreed by them. 6. Bail bonds of the respondents accused are hereby ordered to be cancelled. With the above observation, both the appeals are disposed of accordingly. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar