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1993 Supreme(Guj) 126

B.J.SHETHNA
STATE OF GUJARAT – Appellant
Versus
NITABEN ABHAYBHAI MEHTA – Respondent


Advocates Appeared: D.K.TRIVEDI, K.B.ANANDJIVALA, S.R.CHITNIS, V.S.KOTVAL

SHETHNA, J.

( 1 ) ). The petitioner-State has challenged in this Revision application the order passed by the learned Magistrate, Rajkot on 25-11-1992 rejecting the application for remand of the respondents-accused. Few relevant facts :

( 2 ) ). On the night of 22/23-5-1992 murder of very well-known Gynaecologist dr. Madhuben of Rajkot was committed in the bed room of her own Housecum- nursing Home at Revakunj, Bhaktinagar Society between 0-30 to 0-45 a. m. On that night at about 1-25 a. m. the Control Room received the telephonic message from some unknown person that the deceased Madhuben was assaulted by knife in her Nursing Home and, thereafter, it was disconnected. The Control room informed "chitta Gadi", i. e. . Police Jeep to go the place of the incident and immediately within three minutes, i. e. , at 1-28 a. m. they reached the place of the incident. When the police reached the scene of offence the respondent no. 1-accused Nitaben, who is also a. Doctor and younger sister of the deceased madhuben, and respondent No. 2-accused Mahendra Vora, who is the brotherin- law of the deceased Madhuben (husband of another younger sister of the deceased Madhuben), other staff of the Nursi





















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