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1981 Supreme(Guj) 89

N.H.BHATT, B.K.MEHTA, B.J.DIVAN
BABUBHAI PARSHOTTAMDAS PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: ARUN H.MEHTA, M.S.SHAH

B. J. DIVAN, J.

( 1 ) THE petitioner before us is the original accused. The petitioner along with seven other persons is charged with committing offences punishable under secs. 302 342 323 all read with sec. 34 of the Indian Penal Code. The case of the prosecution is that the petitioners wifes golden chain was snatched away by some one when she had attended a Garba function. In respect of that offence the petitioner had filed a complaint with the police. Thereafter the entire village of Palla where the petitioner was residing is alleged to have gathered together and caught hold of some members of Vaghari Community on suspicion that the theft of the golden chain from the petitioners wife was committed by one or the other member of the Vaghari community of the village. the member of the Vaghari community are alleged to have been beaten up by the residence of Palla village and it is alleged that as a result of that beating one Vaghari Soma Lala died. This incident is alleged to have happened on 16/10/1980

( 2 ) THE petitioner filed an application for bail before the learned Judicial Magistrate First Class Matar but the bail application was rejected. Therefore a revision application war




























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