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2021 Supreme(SC) 233

KALABHAI HAMIRBHAI KACHHOT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
For the Appellant(s) :Sumita Ray, Nachiketa Joshi, Anirudh Sharma, Advocates
For the Respondent(s):Aniruddha P. Mayee, Advocate

JUDGMENT :

R. Subhash Reddy, J.

1. Leave granted in S.L.P.(Crl.)No.3227 of 2015.

2. All these criminal appeals are filed against the common judgment dated 09.05.2014 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos.405 of 2010 and 459 of 2010, as such, they are heard together and disposed of by this common judgment.

3. Criminal Appeal No.290 of 2018 is filed by accused no.1 - Vajashibhai Ramshibhai Kachhot; Criminal Appeal arising out of S.L.P.(Crl.)No.3227 of 2015 is filed by accused no.2 - Mulubhai Markhibhai Nandaniya; and Criminal Appeal No.216 of 2015 is filed by accused no.3 - Kalabhai Hamirbhai Kachhot. For the sake of convenience, the appellants in the above appeals shall be referred to as accused nos.1 to 3 hereafter.

4. The aforesaid appellants were the accused in FIR no.I215/2006 dated 11.11.2006 on the file of Keshod Police Station, which was registered for the offences punishable under Sections 302, 326, 324 and 34 of Indian Penal Code (IPC) and Section 135 of the Bombay Police Act, in which chargesheet was filed on 07.02.2007 in the court of First Class Magistrate, Keshod. As much as the offences were triable by Sessions Court, the case was committed

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