CR.A/30819/1987 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 308 of 1987 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 PARSHOTTAMBHAI K BHAVAIYA ====================================== Appearance : Mr PD Bhate, Additional Public Prosecutor for the Appellant MR BS SUPEHIA for Opponent ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 26/08/2008 CR.A/30819/1987 2/2 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard Mr PD Bhate, learned Additional Public Prosecutor for the State. We are informed that in the trial the respondent – accused was acquitted for the offence punishable under Section 302 of the Indian Penal Code, but was convicted under Section 307 of the Indian Penal Code. Against the said order the respondent – original accused filed Criminal Appeal No.147 of 1987 before this Court. The appeal of the accused has already been decided by this Court by the judgement and order dated 10.10.1996 and the accused has been acquitted of the charge under Section 307 for which he was convicted by the trial Court. Once when the offence which was originally charged has been dilated by the Sessions Court and this Court has acquitted him from that charge, acquittal under Section 302 of IPC cannot be interfered with. In that view of the matter, in view of the decision of this Court in Criminal Appeal No.147 of 1987 filed by the accused, the appeal of the State merits no consideration. Hence, it is dismissed. (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd