Gujarat High Court
State Of Gujarat vs Chetankumar Kantilal Mevada on 6 October, 2025
NEUTRAL CITATION
R/CR.A/493/2014 ORDER DATED: 06/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 493 of 2014
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STATE OF GUJARAT
Versus
CHETANKUMAR KANTILAL MEVADA
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Appearance:
MS KRINA CALLA, ADDL PUBLIC PROSECUTOR for the Appellant(s) No. 1
MR JIGAR G GADHAVI(5613) for the Opponent(s)/Respondent(s) No. 1
NON BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 06/10/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Pursuant to direction given by this Court on 08.09.2025, the accused was brought under arrest today on execution of non-bailable warrant issued against him, to question him on the quantum of sentence to be imposed on him for the offences punishable under Section 304(Part II) of IPC, for which he was found guilty in this appeal.
2. We have heard the accused in person regarding the quantum of sentence to be imposed on him. After Page 1 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined informing him that he was found guilty for the offences punishable under section 304(Part II) of IPC, he has submitted that he is now aged about 38 years and that he is now married and he got a wife and 3 year old son and that his old parents are also depending upon him. He further stated that he is now working as an employee in a furniture shop and earning Rs.22,000/- per month and he is the sole breadwinner of his family and taking into consideration the said economic condition of him and the fact that his Wife, minor son and parents are depending on him, he has requested to take a lenient view and to impose a lesser punishment on him.
3. We have also heard Mr Jigar Gadhvi, learned counsel for the accused. He would submit that the accused has already undergone imprisonment for a period of 18 months for the offences punishable under section 323, and 337 of IPC as he was convicted for the offence punishable under section 323 of IPC and was sentenced to undergo imprisonment for a period of one Page 2 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined year and was convicted for the offence punishable under section 337 of IPC and was sentenced to undergo imprisonment for a period of 6 months and he was let off as set off was given to him under section for 428 of criminal procedure Code for the period of imprisonment undergone by him during pre-trial stage.
4. He would further submit that taking into consideration the poor economic condition of the accused and his family conditions, he submits that a lenient view may be taken in his favour and to impose a lesser punishment on him, and if possible to confine his punishment to the said period of 18 months already undergone by him.
5. We have taken into consideration the aforesaid submissions made by both the accused and his counsel. The request of the counsel for the accused to confine the punishment to the period of 18 months of imprisonment, which he has already undergone, is Page 3 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined devoid of merit and cannot be considered. The accused has undergone the said imprisonment for the offences punishable under Section 323 and 337 of the IPC for which he was found guilty and convicted, against which, no appeal was preferred by him and hence, the said conviction became final.
6. Now, in addition to the said two offences, he was found guilty for the offences punishable under section 304(Part II) of IPC. The punishment prescribed for the offence punishable under Section 304(Part II) of IPC is imprisonment of either description for a term which may extend to 10 years or with fine or with both. Taking into consideration the fact that the accused committed the said act, which resulted into the death of a 65-year-old woman, in a fit of anger and in a sudden quarrel without any intention to commit murder of her and considering the situation and the context in which the said offence took place and also considering the fact that the accused is the sole breadwinner of his family and as his wife, minor son Page 4 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined and his old parents are dependents on him, we are of the considered view that imposing a sentence of rigorous imprisonment for a period of 5 years would meet the ends of justice in the facts and circumstances of the case. As the accused is responsible for the death of a 65 year old woman on account of the act committed by him in a fit of anger and in the sudden quarrel, we are constrained to impose the said sentence on him.
7. Therefore, the accused is sentenced to undergo rigorous imprisonment for a period of five years. The period of imprisonment imposed against him shall run concurrently.
8. Before parting with the matter, we would like to seriously express our opinion deprecating the conduct of the concerned police officer of Vadgam Police Station in not being present before the Court when the matter is posted today for hearing on the quantum of sentence upon producing the accused before the Court on Page 5 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined execution of the NBW issued against him. In fact, the Court needs certain explanation and information as to whether any set off was given to the accused earlier while imposing the sentence against him for the offences punishable under section 323 and 337 of the IPC for a total period of 18 months. There is no sufficient material before the learned APP to explain the same. She has to explain the same on instructions received from the concern police officer of the Vadgam Police Station. As the said officer is not present before the court today and is absent, she could not furnish the information immediately. This has caused lot of inconvenience to the Court. Therefore, we are constrained to pass over the matter for 2 hours to secure the said information. The APP, after seeking instructions over phone and after getting some written instructions through Whatsapp, she could furnish the information to the Court. In fact, this inconvenience is caused only due to the absence of the SHO of Vadgam Police Station.
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NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined
9. Undoubtedly, there is a negligence on his part and it amounts to gross dereliction of his duty in attending the Court on the date of which the matter is posted for hearing on the quantum of sentence. This practice of the Police Officer deliberately remaining absent before the Court on the date of hearing on a quantum of sentence is to be curbed. Therefore, the Superintendent of Police, Banaskantha district is directed to take appropriate action against the concerned SHO of the Vadgam Police Station in not attending the Court today and in committing dereliction of his duty. The higher authorities of Police Department shall give necessary instructions to all the concerned Police Stations that on the date on which, the matters are posted for pronouncing the judgments and on the date on which the matters are posted for hearing on the quantum of sentence, they shall invariably attend the concerned Courts and be present before the Court to assist the Court and the learned Page 7 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025 NEUTRAL CITATION R/CR.A/493/2014 ORDER DATED: 06/10/2025 undefined APP in furnishing the necessary information.
10. Registry is directed to communicate a copy of this order to the Superintendent of Police, Banaskantha District for compliance with the above direction.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) Anuj Page 8 of 8 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Tue Oct 07 2025 Downloaded on : Wed Oct 08 00:37:23 IST 2025