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2009 Supreme(SC) 835

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Ramesh Bhai – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant :Shiv Kumar Suri, Advocate.
For the Respondent:Dr. Manish Singhvi, AAG, Milind Kumar, Sandeep Bajaj, Aruneshwar Gupta, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court upholding the conviction of the appellants for offences punishable under Sections 302, 120B and 201 of the Indian Penal Code, 1860 (in short the ‘IPC’). Two appeals filed by the appellants were disposed of by a common judgment. Learned Additional Sessions Judge, Abu Road, Sirohi had convicted the appellant as aforenoted.

2. Prosecution version in a nutshell is as follows:

On 12.01.1996 a missing person report about Purshottam Bhai was submitted by Smt. Jashoda Ben to the Police Inspector, Police Station, Nadiad. On this application, Inspector Arvindbhai Patel (PW 21) started investigation on 16.1.1996. Since in the application the name of Jasbhai r/o Nadiar was mentioned so he reached Nadiad and started investigation of the case. Jasbhai was not found at his home. His son’s wife Rekha met him there and she was interrogated. On 18.1.1996, Jasbhai was found at home and he was interrogated. The statement of Jasbhai was recorded. Jasbhai said that Ramesh Patel and Narvar Singh both have cheated him jointly in purchasing his house. On 18.1.1996 the statements






























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