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1995 Supreme(SC) 857

G.T.NANAVATI, M.K.MUKHERJEE
Bharwad Jakshibhai Nagjibhai: Arvindbhai Kanjibhai Patel – Appellant
Versus
State Of Gujarat: Bharwad Jakshibhai Nagjibhai – Respondent


Judgement

M. K. MUKHERJEE, J. :- Fifteen persons were put up for trial before the Additional Sessions Judge, Ahmedabad (Rural) at Narol for rioting with deadly weapons, committing the murder of Govindbhai Girdharbhai and attempting to commit the murders of Arvind Kumar Kanjibhai and Vinodchandra Keshavlal. The trial Judge acquitted them of all the charges and aggrieved thereby the State of Gujarat preferred an appeal. The High Court admitted the appeal against seven out of the fifteen acquitted and dismissed it summarily as regards others. The appeal was ultimately allowed and all the seven accused were convicted under Sections 148 and 326 read with Section 149, IPC for causing grievous hurt to Govindbhai. For the injuries caused to Arvind and Vinod some of them were convicted under Sections 324 and 326, IPC (simpliciter) respectively and the rest with the aid of Section 149, IPC. For the above convictions rigorous imprisonment ranging from 1 to 3 years and fines were imposed with a direction that the substantive sentences shall run concurrently. Assailing their convictions and sentences the seven accused have filed one of these two appeals (Criminal Appeal No. 381 of 1989). The oth














































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