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1994 Supreme(SC) 444

K.JAYACHANDRA REDDY, A.S.ANAND
Jashubha Bharatsinh Gohil – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
ASHOK D.SHAH, E.C.AGARWAL, H.M.GANDHI, MAGANBHAI R.BAROT, N.N.KESHVANI, R.N.KESHWANI, S.C.PATEL, S.R.DIVETIA, T.U.Mehta

Judgment

DR ANAND, J.-Twelve persons namely, Bharatsinh Patubha Gohil, Dhruvansinh Bharatsinh Gohil, Antruddhsinh Bharatsinh Gohil, Jodha Khoda Rabari, Bhikhubha Shivubha Gohil, Bhupatsinh Bahadursinh Gohil, Kuvarsinh Ajitsinh Gohil, Nirubha, Ajitsinh, Baldevsinh alias Bablubha Sajubha Gohil, Jashubha Bharatsinh Gohil and Mohansinh alias Nathabhai Ranchhodbhai Thaker alias Selanki alias Parma were tried for offences punishable under Section 120-B read with Sections 302, 307, 148 IPC read with Section 149, Section 143 and in the alternative under Sections 302, 307/34 IPC and Section 25-A of the Arms Act by the learned Sessions Judge, Bhavnagar. (For the sake of convenience and brevity we shall refer to the number of the accused, A-1 to A-12, in the same order in which their names appear in the trial court.)

2. The trial court found that all the accused, as members of an unlawful assembly, under the leadership of accused 11 were responsible for the death of deceased Diwaliben. It also held all the accused as members of unlawful assembly were responsible for the death of Jaram Bhagvan and Odhavji Bhagvan. In the opinion of the trial court, accused 11 was also responsible for the death o





















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