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1962 Supreme(SC) 25

RAGHUBAR DAYAL, J.L.KAPUR
Kanbi Karsan Jadav – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
H.R.KHANNA, K.L.Hathi, NUR-UD-DIN AHMED, R.H.Dhebar

Judgement

KAPUR, J. : The appellant and two others were convicted by the Additional Sessions Judge, Gohilwad, under Ss. 302 and 201 of the Indian Penal Code for the murder of Kanji and they were sentenced to imprisonment for life under the former section and to seven years rigorous imprisonment under the latter. The sentences were concurrent. On appeal the High Court set aside the conviction of Nanji Ravji but upheld the convictions and sentences of the appellant and Karamshi Bhawan. The appellant has come in appeal to this Court by Special Leave.

2. The deceased Kanji was rather an unsavoury character in village Chiroda and it is alleged that he had illicit connection with Shrimati Shantu the sister of Karamshi and also used to follow about Smt. Baghu the sister of the appellant for a similar object. It is stated that five days before the occurrence the appellant Karsan, Karamshi, Nanji and Gumansinh approver met and decided to murder the appellant. With that object in view Gumansinh approver was to decoy the deceased to the Vadi of the appellant and there the murder was to be committed. At about sunset on March 19, 1958, the deceased was decoyed to the place as previously arranged












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