1992 (3) TMI 89

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....on being aggrieved by the judgment of the High Court rendered in Criminal Revision Application No. 400 of 1979 allowing the revision and setting aside the judgment of the first Appellate Court confirming the judgment of the High Court convicting the first respondent (who was arrayed as accused No. 6) before the trial Court. 2. The respondent No. 1 alongwith seven others took the trial for the o....

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....ate, First Class at Valsad. Though according to the prosecution, there were seventeen persons involved in the occurrence, the complaint was filed only against nine as rest of the eight accused were absconding. Subsequently the case as against the second accused was withdrawn and he was put up as a witness on the side of the prosecution. Thereafter, as earlier pointed out, the trial proceeded only ....

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....riminal Appeal No. 69 of 1978 before the District Judge, Valsad whilst three other convicted persons filed their appeal in Cri. Appeal No. 70 of 1978. The Appellate Court dismissed the Criminal Appeal No. 69 of 1978 filed by the first respondent and partly allowed and partly dismissed Criminal Appeal No. 70 of 1978. On being aggrieved by the judgment of the first Appellate Court, the first respond....

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....s before the incident, it was sold to accused No. 7 Kikka Sukkar who is acquitted." 6. We have gone through the records and found that the finding of the High Court is not liable to be interfered with since it is the admitted case of the prosecution itself that the jeep has been sold to the acquitted accused No. 7. Coming to the statements recorded from A1 and A3 under Section 108 of the Custom....