1. By an order dated 28.07.2025, Criminal Appeal
No.740 of 2007 came to be disposed of as abated
on demise of the appellant-Patel Bharatkumar
NEUTRAL CITATION
R/CR.A/706/2007 JUDGMENT DATED: 29/08/2025
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Ambalal.
2. The present both appeals are filed by the
appellants under Section Section 374 of the Code
of Criminal Procedure, 1973, (for short
‘Cr.P.C.’) challenging the judgment and order
dated 03.04.2007 passed by the learned Sessions
Judge (Main Court) Gandhinagar in Sessions Case
No.86 of 2006, whereby the learned Sessions Judge
convicted the present appellants-accused for the
offence punishable under Section 435 of the
Indian Penal Code (for short ‘IPC’) and sentenced
them three years rigorous imprisonment with fine
of ₹5,000/- each and in default stipulation
further rigorous imprisonment of one month.
2.1 The Court of first instance i.e. Sessions
Court tried thirteen accused in Sessions Case
No.86 of 2006 for the offence under Sections 147,
148, 149, 332, 435, 337, 427 of IPC, Sections 4
and 7 of the Prevention of Damage to Public
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R/CR.A/706/2007 JUDGMENT DATED: 29/08/2025
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Property Act, 1984 (for short ‘PDPP Act’) and
Section 135 of the Bombay Police Act (for short
‘B.P. Act’). In conclusion of the trial, the
learned Sessions Judge acquitted ten accused i.e.
accused Nos.4 to 13 from all the charges. While
accused Nos.1 to 3 been convicted for the charges
under Section 435 of IPC.
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