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2013 Supreme(SC) 526

B.S.CHAUHAN, DIPAK MISRA
Harivadan Babubhai Patel – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

Dipak Misra, J.

The appellant, A-1, along with Dipakbhai Zinabhai Patel, A-2, Raghubhai Chaganbhai Patel, A-3, and Babubhai Khushalbhai Patel, A-4, faced trial in Sessions Case No. 28 of 2006 in the Court of the learned Sessions Judge, Valsad, for the offences punishable under Sections 342, 346, 302, 120B and 201 read with Section 34 of the Indian Penal Code (for short “IPC”). The learned trial Judge acquitted A-3 and A-4 as he found them innocent and convicted A-1 and A-2 for all the offences and imposed rigorous imprisonment for life and fine of Rs.1,000, in default of payment of fine, to undergo further imprisonment for one month under Section 302 and separate sentences for the other offences with the stipulation that all the sentences shall run concurrently.

2. Grieved by the aforesaid conviction and sentence, the accused-appellant and A-2 preferred Criminal Appeal No. 860 of 2007 and the High Court, by the impugned judgment dated 20th April, 2009, acquitted A-2 but sustained the conviction of the appellant for all the offences. Hence, the present appeal by the accused-appellant, A-1.

3. Filtering the unnecessary details, the prosecution case is that on 23.1.2006, dece























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