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2023 Supreme(SC) 519

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
NARENDRASINH KESHUBHAI ZALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A Sirajudeen, Sr. Adv., Mrs. Revathy Raghavan, AOR, Ms. Divya Singhvi, Adv.
For the Respondent: Ms. Swati Ghildiyal, AOR, Ms. Devyani Bhatt, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. Vide a judgment dated 19.07.2003 passed by the Ld. Addl. Sessions Judge, Fast Track Court at Surendranagar, Gujarat in Sessions Case No. 27 of 2002, the appellant Narendrasinh Keshubha Zala stood convicted for having committed offences under Section 302, Indian Penal Code read with Section 34, Indian Penal Code as also under Section 25 (1) A and Section 27 (2) of the Arms Act. In relation to the offence under Section 302, Indian Penal Code, he is sentenced to suffer imprisonment for life and pay fine of Rs. 500 and in default thereof, an additional sentence for one month. The same stands affirmed by the High Court vide impugned judgment.

2. In brief, the case set up by the prosecution reads as follows: on 14.1.2002 at around 2:30 AM police registered an FIR in relation to the murder of a person namely, Ram. The complaint was registered on the asking of Shri Mahipal K. Jadeja (PW-1), father of the deceased in the night intervening 13-14th of January, 2002. The Complaint records the complainant to have stated that at around 11:00PM one person known as Munna Bhai alias Krupal Rajnikant (PW-6) had come on a motorcycle to his residence informing him of his so


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