Sachinbhai Hasmukhbhai Patel vs State Of Gujarat on 28 July, 2025

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1. Criminal Appeal No.1067 of 2006 by accused No.2 and

8, and Criminal Appeal No.1142 of 2006 by accused

No.5, of Sessions Case No.23 of 2006 (Old Sessions

Case No.108 of 2005), challenges the judgment of

conviction and order of sentence dated 29.05.2006 by

NEUTRAL CITATION

R/CR.A/1067/2006 JUDGMENT DATED: 28/07/2025

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the learned 1st Fast Track Court, Anand, where the

trial was conducted against nine accused, while

accused No.1, 2, 5 and 8 came to be convicted under

Section 143 of the Indian Penal Code (IPC) with one

month rigorous imprisonment and Rs.100/- fine and

in default of payment of fine, seven days simple

imprisonment, under Section 147 of the IPC, six

months rigorous imprisonment and Rs.100/- fine with

default stipulation of seven days simple imprisonment

and for the offences punishable under Section 436,

read with Section 149 of the IPC, sentenced to five

years rigorous imprisonment and fine of Rs.500/- and

in default, one month simple imprisonment.

1.1 Criminal Appeal No.1198 of 2006 got abated on

06.03.2020 since the appellant-accused No.1 (Alpesh

alias Chako Navinchandra Patel) died on 02.05.2009.

1.2 The sentences were to run concurrently and set off had

been granted under Section 428 of the Code of

Criminal Procedure, 1973 (hereinafter referred to in

NEUTRAL CITATION

R/CR.A/1067/2006 JUDGMENT DATED: 28/07/2025

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short as ‘Cr.P.C.’). The accused No.3, 4, 6, 7 and 9

were acquitted from the charge under Section 143,

147, 148, 149, 436, 457, 380 of IPC and Section 135 of

the Bombay Police Act, giving them benefit of doubt,

while the learned trial Court Judge did not find any

case under Section 147, 457 and 380 of the IPC and

under Section 135 of the BP Act against accused no.1,

2, 5 and 8, finding them guilty under Section 143, 147,

436 read with Section 149 of the IPC.

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