CR.A/933/1998

Judgment text excerpt

NEUTRAL CITATION R/CR.A/933/1998 JUDGMENT DATED: 12/06/2026 2026:GUJHC:36979-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 933 of 1998 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================== Approved for Reporting Yes No ✔ ========================================== STATE OF GUJARAT Versus DEVAYAT NAGAR GOJIYA AAHER ========================================== Appearance: MR SOHAM JOSHI APP for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1 MR PRATIK B BAROT(3711) for the Opponent(s)/Respondent(s) No. 1 ========================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 12/06/2026 JUDGMENT (PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK) 1. The appellant - State of Gujarat has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 30.07.1998 passed by the learned Additional Sessions Judge, Jamnagar (hereinafter be referred to as “the trial Court”) in Criminal Appeal No.36 of 1996, whereby the Trial Page 1 of 17 Uploaded by () on Downloaded on : Tue Jun 30 22:04:41 IST 2026 NEUTRAL CITATION R/CR.A/933/1998 JUDGMENT DATED: 12/06/2026 2026:GUJHC:36979-DB Judge has convicted the accused for the offence punishable under Section 304 Part II of the Indian Penal Code and convicted and sentenced him to under go rigorous imprisonment of five years and to pay fine of Rs.500/- and in default of payment of fine, to undergo simple imprisonment of three years and acquit the accused from the offence under Section 302 of the Indian Penal Code. 2. Short facts of the present case are that on