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Gujarat High Court
State Of Gujarat vs Prajapati Trikambhai Bhudarbhai on 27 February, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
R/CR.A/388/1997 ORDER DATED: 27/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 388 of 1997
STATE OF GUJARAT
Versus
PRAJAPATI TRIKAMBHAI BHUDARBHAI ORS.
Appearance:
MR NITIN M AMIN(126) for the Appellant(s) No. 1
MR UTKARSH SHARMA APP for the Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 4
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 1
DHARMESH D NANAVATY(2396) for the Opponent(s)/Respondent(s) No. 1
PETITION/APPEAL WITHDRAWN/DISMISSED for the
Opponent(s)/Respondent(s) No. 2,3
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 27/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)
:: ORDER ON SENTENCE ::
1. This Court vide CAV Judgment dated 9.2.2024 has
recorded the conviction of the respondent No.1 – accused –
Prajapati Trikambhai Bhudarbhai for the offences punishable
under Sections 302 and 498A of the Indian Penal Code. The
matter was kept for hearing on sentence on 26.2.2024 when due
to paucity of time, the present appeal could not be taken up for
hearing on the issue of quantum and therefore, the matter was
kept today.
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NEUTRAL CITATION
R/CR.A/388/1997 ORDER DATED: 27/02/2024
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2. The accused – respondent No.1 is present in the Court,
duly identified by learned advocate appearing for him.
3. On the quantum of sentence, learned advocate for the
respondent No.1 – accused submits that the incident had
occurred on 27.10.1993 and he had been acquitted by the
learned Trial Court on 15.2.1997. He submits that there is no
other offence registered against the present respondent No.1 –
accused. He further submits that considering the length of time
from the date of acquittal till the present conviction, the Court
may impose minimum sentence as prescribed. He has further
submitted that the respondent No.1 – accused is a Government
servant and therefore also, leniency be shown.
4. This Court has recorded the reasons in the Judgment
dated 9.2.2024 convicting the respondent No.1 – accused for the
offences punishable under Sections 302 and 498A of the Indian
Penal Code holding that there is sufficient evidence on the record
to convict the present respondent No.1 – accused. The learned
advocate for the respondent No.1 – accused could not convince
the Court with respect to the role of the accused in the death of
the deceased Jashiben. The Court has taken into consideration
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NEUTRAL CITATION
R/CR.A/388/1997 ORDER DATED: 27/02/2024
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the circumstances on record and also taken into consideration
the fact that the respondent No.1 – accused was acquitted by the
learned Trial Court by judgment and order dated 15.2.1997. The
Court is further of the opinion that the present case does not fall
within the definition of rarest of the rare case.
5. In view thereof, the respondent No.1 – accused – Prajapati
Trikambhai Bhudarbhai is sentenced to undergo rigorous
imprisonment for life under Section 302 of Indian Penal Code
and a fine of Rs.5,000/- to be paid within 3 months failing which
the respondent No.1 – accused shall undergo further simple
imprisonment for a period of 3 months. The respondent No.1 –
accused is further sentenced to undergo rigorous imprisonment
for 3 years for the offence under Section 498A of the Indian
Penal Code and a fine of Rs.1,000/- to be paid within one month
failing which the respondent No.1 – accused shall undergo
further simple imprisonment of 1 month. Both the sentences
shall run concurrently.
6. After the pronouncement of the sentence, the learned
counsel for the respondent No.1 – accused has prayed for some
time to surrender before the concerned learned Trial Court so
that he can make necessary arrangements for preferring an
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NEUTRAL CITATION
R/CR.A/388/1997 ORDER DATED: 27/02/2024
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appeal before the Apex Court. It is submitted that since the
offence is of 27.10.1993 and the conviction is recorded after 30
years, he may be granted 4 weeks time to surrender.
7. Considering the submission of the learned advocate, the
respondent No.1 – accused is granted time to surrender and is
directed to surrender on or before 27.3.2024 to undergo the
sentences. In case, the respondent No.1 – accused – Prajapati
Trikambhai Bhudarbhai fails to surrender within the stipulated
time period, the learned Trial Court shall undertake necessary
procedure to procure his custody and remit him to the jail for
undergoing the sentences.
8. Further, the respondent No.1 – accused shall mark his
presence once in 7 days before the concerned Police Station till
he surrenders before the concerned learned Trial Court.
9. The appeal stands disposed of accordingly. The Record
Proceedings shall be returned back to the learned Trial Court
forthwith.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
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