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1996 Supreme(Guj) 371

SHARAD D.DAVE, H.R.SHELAT
NANDUBEN GOBARBHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.T.TRIVEDI, S.G.UPPAL, S.T.MEHTA

H. R. SHELAT, J.

( 1 ) THE appellants through these appeals, challenge the judgment dated 8/10/1991, delivered by the then learned Additional Sessions judge, Bhavnagar, in Sessions Case No. 94 of 1988, convicting them of the offence under Sec. 302, 307 read with 149, 147 and 148 of the Indian Penal Code, and sentencing each one to suffer rigorous imprisonment for life, for the offence under sec. 302 read with 149, rigorous imprisonment for 10 years for the offence under sec. 307, rigorous imprisonment for one year for the offence under Sec. 148, but inflicting no separate sentence with regard to the offence under Sec. 147, Indian penal Code.

( 2 ) THE case of the prosecution in brief is that about 5 Kms. away from village kantasar two rivers meet where there is a dam. Between the two rivers, there is a doab used as grazing land, belonging to the Government. As usual Vagaji Bala, Mulji bikha, Mepa Sagram, Popat Bijal and Sura Bav, the shepherds, had, on 6/07/1988, in the morning, gone to the grazing land for grazing their goats and sheeps. On the banks of the rivers there are vadas (orchards) of the appellants and other koli people wherein they grow vegetables. Before 10-30 a. m. one























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