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State Of Gujarat vs Prajapati Trikambhai Bhudarbhai on 27 February, 2024

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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PETITION/APPEAL WITHDRAWN/DISMISSED for the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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