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2017 Supreme(SC) 324

KURIAN JOSEPH, A.M.KHANWILKAR
Charandas Swami – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Huzefa Ahmadi, Sr. Adv., Jaikriti S. Jadeja, D.N. Ray, Pradhuman Gohil, Vikash Singh, Ms. Taruna Singh Gophil, Himanshu Chaubey, Raj Kamal, Adv.
For the Respondents: Ms. Hemantika Wahi, Mukesh Kumar Maroria, P. Parmeswaran, Adv.

JUDGMENT

A.M. Khanwilkar, J.

These appeals have been filed by the Accused No.1 (Criminal Appeal No.1586 of 2008), Accused No. 2 (Criminal Appeal No.1549 of 2007) and Accused No. 5 (Criminal Appeal No.1550 of 2007) against the judgment and final order of the High Court of Gujarat dated 1st September, 2006. The High Court has upheld the decision of the Sessions Court, convicting Accused Nos. 1, 2, 3 and 5 for offences under Sections 302 r/w 120-B, 364 and 201 of the Indian Penal Code, 1860 ('IPC') and for the murder of one Gadadharanandji. The High Court, however, has acquitted Accused No.4 of the said offences. The High Court commuted the death sentence awarded by the Sessions Court to a sentence of life imprisonment for the aforementioned four accused. Accused No.3 has not filed any appeal before this Court against the impugned judgment.

2. The factual matrix of the case in hand, as gleaned from the pleadings and submissions of the parties as also the record, is as under:

(a)The Board of Trustees of the Swami Narayan sect of Vadtal Gadi Temple comprises of 8 members, including the Chairman and Chief Kothari, who handle the administration and financial management of the temples run by t





























































































































































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