State Of Gujarat vs Ashokbhai Manilal Koli Patel
2024 Latest Caselaw 8598 Guj

Gujarat High Court

State Of Gujarat vs Ashokbhai Manilal Koli Patel on 10 September, 2024

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi

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                            R/CR.MA/20160/2023                                       ORDER DATED: 10/09/2024

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                            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC. APPLICATION (FOR LEAVE TO
                                      APPEAL) NO. 20160 of 2023

                                     In R/CRIMINAL APPEAL NO. 2074 of 2024
                                                    With
                                      R/CRIMINAL APPEAL NO. 2074 of 2024

                       =================================================
                                       STATE OF GUJARAT
                                               Versus
                               ASHOKBHAI MANILAL KOLI PATEL & ORS.
                       =================================================
                       Appearance:
                       MS VRUNDA SHAH, APP for the Applicant(s) No. 1
                       SUMIT K PRAJAPATI(8867) for the Respondent(s) No. 1,2,3
                       =================================================

                       CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
                             and
                             HONOURABLE MR. JUSTICE CHEEKATI
                             MANAVENDRANATH ROY

                                                       Date : 10/09/2024

                                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

Order in Criminal Misc. Application No. 20160 of 2023:

1. Heard, Ms. Vrunda Shah, learned Additional Public Prosecutor. According to her submission, in this case, accused committed murder of one Vishal on the ground that he was having

NEUTRAL CITATION

R/CR.MA/20160/2023 ORDER DATED: 10/09/2024

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relationship with daughter of one of the co-accused. As per case of prosecution, his dead-body was cut into pieces, packed in polythene bag and thrown in river and also at different places. However, it appears, connecting link is though established based on different circumstances, an order of acquittal is recorded by the learned trial Judge. In all total 120 witnesses have been examined by the prosecution to prove case against accused. Deposition of one of the witnesses being PW-94 Dipakbhai Ratilal Majigaokar, who is doing business of videography, deposed to before the Court that he carried out videography as also photography at village: Pipalgabhan in one field from where one tooth was found, which is videographed and at a place of business of one of the co-accused showing blood marks near washroom when the Hacksaw blade found to be wrapped in a cloth was also videographed. Despite said witness has stated such facts in his examination-in-chief, he is declared hostile. It also appears that much importance is given by the learned trial Judge to the cross-examination made of the witnesses on behalf of the accused, wherein, certain admissions are given, that too, by a hostile witness. The evidence given by the witness in his examination-in-

chief, to certain extent, gives corroboration to the prosecution case, whereas, admissions given by the hostile witness in a cross- examination on behalf of accused does not get corroboration about defence raised.

2. Considering the submissions, as also going through the

NEUTRAL CITATION

R/CR.MA/20160/2023 ORDER DATED: 10/09/2024

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impugned judgment, we deem it fit to grant leave to appeal. Hence, leave to appeal is granted. This application stands disposed of.

Order in Criminal Appeal:

1. Since we have already granted leave to appeal today, we deem it fit to admit this appeal. Hence, Admit.

2. Learned advocate Mr. Sumit K. Prajapati appearing for respondents - accused is not present. Issue Bailable Warrant, each in the sum of Rs.10,000/- (Rupees Ten Thousand) against the respondents - accused.

[ Umesh A. Trivedi, J. ]

[ Cheekati Manavendranath Roy, J. ] hiren/19tss10924