Prabhatbhai Somabhai Nayak vs State Of Gujarat
2021 Latest Caselaw 16491 Guj

     R/CR.A/139/2016                                       FARAD DATED: 21/10/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL APPEAL NO.139 of 2016
                      With
         R/CRIMINAL APPEAL NO.140 of 2016
=========================================

PRABHATBHAI SOMABHAI NAYAK Versus STATE OF GUJARAT ========================================= Appearance :

HCLS COMMITTEE for the Appellants.

MR. HARDIK K RAVAL for the Appellants. MR DARSHIT M. KAMDAR for the Appellant No.2. MR J.K. SHAH, APP for the Respondent. =========================================

CORAM:HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE SANDEEP N. BHATT

Date : 21/10/2021 FARAD (PER : HONOURABLE MR. JUSTICE A. J. DESAI)

For the reasons recorded in the judgment pronounced today, following order is passed by the Hon'ble Court :-

"Criminal Appeal No.139 of 2016 would not survive in view of the fact that the appellant - Prabhatbhai Somabhai Nayak has already been released by the Jail Authority on 19.7.2016 in view of Circular of Home Department, Government of Gujarat dated 17.6.2016 and 24.6.2016 which provides that the convicts who are above the age of 80 years, their sentence is remitted. Hence, the said appeal stands disposed of as not survive.

Criminal Appeal No.140 of 2016 is partly allowed. The judgment and order of conviction and sentence dated 27.03.2015 rendered by the learned 3rd Additional Sessions Judge, Panchmahal, Godhra in Sessions Case No.127 of 2014 convicting the appellant -

R/CR.A/139/2016 FARAD DATED: 21/10/2021

Dineshbhai Udesinh Nayak for the offences punishable under Sections 302 and 114 of the Indian Penal Code, 1860 is converted into conviction under Section 304 Part-II of the Indian Penal Code, 1860 and accordingly sentence of life imprisonment is reduced to sentence of 10 years. The appellant - Dineshbhai Udesinh Nayak shall be released from the prison on completion of 10 years sentence, if not required in any other case. Rest of the sentence imposed by the trial court is upheld and confirmed. Connected Criminal Misc. Application stands disposed of.

Record and Proceedings be sent back to the court concerned.

(R. N. SAVARIYA) PPS