DISTRICT: GANDHINAGAR.
CRIMINAL APPEAL NO.
OF 2014
(Under Sec.374 of the Code of Criminal Procedure,
1973)
Rakeshkumar Manubhai Parekh,
Male, Aged:
Residing at:
Pethapur,
District : Gandhinagar.
At present undergoing sentence as
Convict prisoner.
... Appellant
Orig.Accused-1
of Sessions
Case No.120/2011.
Versus
State of Gujarat
(Notice to be served through the Ld.
Public Prosecutor, High Court of
Gujarat, Sola-Ahmedabad.
...
Respondent
1. The accused-appellant herein and 2 other coaccused were tried in the Court of 2 nd Additional
Sessions Judge, Gandhinagar on the charges of
having committed offences punishable U/s.498-A
and 306 IPC. Vide Judgment and order dated
04/07/2013
the
accused-appellant
Trial
Court
herein
for
convicted
the
the
offence
2. Case
of
the
prosecution
in
brief
can
be
summarized as under :
2.1) Accused-appellant
Neetaben.
was
married
to
deceased
and
physical
harassment
to
the
On
29/04/2011,
because
of
the
the appellant
and
other
co-accused
for
the
to
the
Court
of
Sessions
under
the
On committal to
to
be
registered
as
Sessions
Case
No.120/2011.
overall
appreciation
and
Exh.
13
22
26
27
28
33
34
37
38
39
42
47
52
55
evaluation
of
to
prove
that
the
accused
appellant
8.
Being
aggrieved
and
dissatisfied
with
the
: GROUNDS :
in
law,
against
the
weight
of
(2)
has
failed
to
produce
any
physical
harassment
towards
deceased
The
Ld.
deceased
Judge
has
committing
relied
on
with
the
deceased
and
therefore
he
29/04/2011
and
the
deceased
and,
therefore,
conviction
under
and
only
the
relatives
or
the
prosecution,
witnesses
have
but
failed
even
to
the
interested
establish
that
(7) The law in this regard has also been very well
explained by the Division Bench of this Honble
High Court in a reported decision in the matter
of State of Gujarat
The Honble
commission
must
of
establish,
suicide,
by
the
cogent,
Mere
10
9. The
appellant-accused
submits
that,
the
10.
AHMEDABAD.
Dt.
/02/2014
(Hardik H. Dave)
Advocate for the Appellant
11
Appellant
V/s.
State of Gujarat.
...
Respondent
: INDEX :
Annexure Particulars
Page No.
Memo of Appeal
1 to 12
nd
A
order passed by 2 Additional
Sessions
Judge,
Gandhinagar
12
DISTRICT: GANDHINAGAR.
CRIMINAL APPEAL NO.
OF 2014
(Under Sec.374 of the Code of Criminal Procedure,
1973)
Rakeshkumar Manubhai Parekh
Appellant
V/s.
State of Gujarat.
...
Respondent
: LIST OF EVENTS :
13
her
in
laws
were
instigating
the
of
understating
was
also
on
25/06/2011,
the
deceased
C.
R.
No.I-220/2011
for
14
offences
to
Gandhinagar,
the
the
Sessions
case
Court
came
to
at
be
Judge,
Gandhinagar,
dated
18/04/2012.
On
overall
appreciation
and
evaluation
of
15
DISTRICT: GANDHINAGAR.
CRIMINAL MISC. APPLICATION NO.
OF 2014
IN
CRIMINAL APPEAL NO.
OF 2014
(Under Sec. 389 of the Code of Criminal
Procedure,1973)
Rakeshkumar Manubhai Parekh,
Male, Aged:
Residing at:
Pethapur,
District : Gandhinagar.
At present undergoing sentence as
Convict prisoner.
... Applicant
Orig.Accused-1
of Sessions
Case No.120/2011.
Versus
State of Gujarat
(Notice to be served through the Ld.
Public Prosecutor, High Court of
Gujarat, Sola-Ahmedabad.
...
Respondent
Application U/s.389 of
Cr.P.C.,1973
for
suspension
of
substantive
order
of
sentence imposed by the
the judgment and order
of conviction passed by
2nd
Additional
Sessions
Judge, Gandhinagar dated
04/07/2013 in Sessions
Case
No.120/2011
convicting
the
accused
appellant for the offence
punishable U/s. 498-A and
306 of the IPC.
16
TO,
THE HONBLE THE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF
THE HIGH COURT OF GUJARAT AT
SOLA-AHMEDABAD.
THE HUMBLE APPEAL OF THE
APPELLANT ABOVE NAMED :
under
Section
306
of
IPC
and
accused-applicant
substantive
Appeal
by
has
preferred
raising
manifold
learned
2nd
Addl.
17
Sessions
Judge,
Gandhinagar,
in
Sessions
Case
No.120/2011.
long
period
of
time
of
sentence
imposed
by
the
Trial
on
be
bail
ordered
subject
to
to
be
terms
and
18
passed
against
him
would
be
might
not
be
taken-up
for
order
of
sentence
may
be
7. Except
this
application
has
application,
been
no
preferred
other
by
the
19
9. The
applicant-
accused
therefore,
most
A)
Gandhinagar,
Sessions
Case
dated
No.120/2011
04/07/2013
be
in
suspended
on
bail
which
subject
this
to
terms
and
Honble
Court
may
jail,
the
B)
as
the
accused-applicant
20
in
C)
/02/2014
..
(Hardik H. Dave)
Advocate for the Applicant
21
OF 2014
... Applicant
Orig.Accused-1
of Sessions
Case No.120/2011.
Versus
State of Gujarat
(Notice to be served through the Ld.
Public Prosecutor, High Court of
Gujarat, Sola-Ahmedabad.
...
Respondent
22
TO,
THE HONBLE THE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF
THE HIGH COURT OF GUJARAT AT
SOLA-AHMEDABAD.
THE HUMBLE APPEAL OF THE
APPELLANT ABOVE NAMED :
under
Section
306
of
IPC
and
2. The
accused-applicant
substantive
Appeal
by
has
preferred
raising
manifold
learned
2nd
Addl.
23
Sessions
Judge,
Gandhinagar,
in
Sessions
Case
No.120/2011.
the applicant.
24
A)
condone
delay
of
____
days
in
preferring
B)
AHMEDABAD.
Date:
/02/2014
..
(Hardik H. Dave)
Advocate for the Applicant
25