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2001 Supreme(Guj) 500

R.K.ABICHANDANI, SHARAD D.DAVE
VINUGIRI MOTIGIRI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.SHASTRI, K.G.SHETH, M.J.BUDDHBHATTI, SHILPA J.UNWALLA

R. K. ABICHANDANI, J.

( 1 ) ALL these six appeals arise from the judgement and order dated 28th January 1994 of the learned Additional Sessions Judge, Gondal in Sessions Case No. 212 of 1994 convicting all the six accused persons for the offence under section 302 read with section 149 of the Indian Penal Code and sentencing them to life imprisonment and payment of fine of Rs. 3,000=00 each, in default to undergo further imprisonment for a period of one year.

( 2 ) THE prosecution version was that, on 15th September 1992 at about 9. 30 in the morning, all the six accused persons, after having formed an unlawful assembly and in furtherance of their common object of causing death of Hareshbhai Jivkubhai, attacked him on Rajkot Dhoraji Road, near the house of Gigabhai in Navagadh. In the process, they caused him as many as 18 wounds with knives and a gupti. According to the prosecution, the accused No. 4 gave him blows with gupti and all the other accused with knives. On that morning, Hareshbhai had left his house for proceeding to Gondal to attend one sessions case in which his three brothers were the accused persons. His sister Geetaben who was in the house, thereafter, proceeded for



























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