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2018 Supreme(SC) 880

S.A.BOBDE, L.NAGESWARA RAO
Mohmed Rafiq Abdul Rahim Shaikh – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

S.A. BOBDE, J.

The appellants in these appeals are Salim Shamsuddin Shaikh in Criminal Appeal No. 1901 of 2008 (hereinafter referred to as A-2) and Mohmed Rafiq Abdul Rahim Shaikh in Criminal Appeal No. 1078 of 2008 (hereinafter referred to as A-4). The Criminal Appeals are filed against the final Judgment and Order dated 11.09.2007 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 635 of 2004 and 912 of 2004 respectively. Wherein, the High Court has dismissed both the appeals and upheld the conviction and sentence passed by the Additional Sessions Judge, Ahmedabad in Sessions Case No. 46/1999 and 190/2000. A-4 and A-2 are convicted for offences committed under Section 25(1)(A) read with Section 35 of the Arms Act, 1959 and sentenced to undergo three years rigorous imprisonment and fine of Rs. 5000/-. A-4 and A-2 are also convicted under Section 25 (1AA) read with Section 35 of the Arms Act, 1959 and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 10,000/-each and in default of making payment of fine to undergo six months imprisonment. Both the sentences were ordered to run concurrently.

Facts

2. On 4.2.1993 at about 7



















































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