Mansinghbhai Jethiyabhai Vasava vs State Of Gujarat
2023 Latest Caselaw 2478 Guj

    R/CR.A/1114/2016                                       FARAD DATED: 23/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CRIMINAL APPEAL NO. 1114 of 2016

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MANSINGHBHAI JETHIYABHAI VASAVA Versus STATE OF GUJARAT ================================================================ Appearance:

HCLS COMMITTEE(4998) for the Appellant(s) No. 1 MR. YOGENDRA THAKORE(3975) for the Appellant(s) No. 1 MR CM SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE M. R. MENGDEY

Date : 23/03/2023

FARAD (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

For the reasons recorded in the judgment dictated

today, the Hon'ble Court has been pleased to pass the following

order:-

"In view of the aforesaid reasoning, the appeal is partly allowed. The impugned judgment and order of the Sessions Judge, Narmada at Rajpipla in Sessions Case No.15 of 2006 is hereby modified. The conviction of the appellant under Section 302 of the Indian Penal Code is hereby set aside. The appellant is ordered to be convicted for offence of culpable homicide not amounting to murder, thereby attracting punishment under Section 304 Part-I of the Indian Penal Code and is hereby sentenced to undergo imprisonment for a

R/CR.A/1114/2016 FARAD DATED: 23/03/2023

term of 10 years. It is reported that the appellant has already undergone 16 years and 11 months imprisonment and that today, he is, under suspension of sentence, on bail. He is ordered to be enlarged, if not required in any other offence. Bail bond stands cancelled.

R & P to be sent back to the concerned trial Court."

Sd/-

(MANISH P.SHITOLE) PPS