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1975 Supreme(SC) 187

S.MURTAZA FAZAL ALI, N.L.UNTWALIA
Soma Bhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
A.K.SEN GUPTA, D.V.PATEL, I.M.SHROFF, M.N.SHROFF

Judgment

FAZL ALI, J.:- The appellant Soma Bhai Lala Bhai - hereinafter referred to as Soma Lala was tried by the Sessions Judge, Surat for the charges under Sections 302, 303 and 201 I.P.C. as also under Ss. 25 (1) (a) and 27 of the Indian Arms Act, 1959, but was acquitted of all the charges by the Sessions Judge by his order dated November 30, 1971. The State of Gujarat filed an appeal before the High Court of Gujarat against the order of acquittal passed by the Sessions Judge and after hearing the aforesaid appeal the High Court of Gujarat reversed the order of acquittal and convicted the accused for offences under Section 302 I.P.C. and sentenced him to life imprisonment, under S. 307 to five years R. I. and a fine of Rs. 1000/-, under S. 25 (1) (a) of the Arms Act to one year s R.I. and a fine of Rs. 200/- and under Section 27 of the Arms Act to rigorous imprisonment for three years and a fine of Rs. 500/-. All the substantive sentences of imprisonment were ordered to run concurrently. The appellant has filed this appeal before us against the order of the High Court under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

2. This case illustrates what disastrous























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