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2002 Supreme(Guj) 168

AKSHAY H.MEHTA, K.R.VYAS
DILIPBHAI MADHUBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.H.PATEL, J.B.PARDIWALA

K. R. VYAS, J.

( 1 ) THE appellant in this appeal has challenged his conviction u/s. 302 of the Indian Penal Code (for short ipc) recorded by the Ld. Addl. Sessions Judge, Bulsar at Navsari vide judgment dated 31/3/1994 in Sessions Case no. 132 of 1991 and the resultant order of sentence of imprisonment for life.

( 2 ) THE case of prosecution in nutshell can be stated as under :-2. 1. Deceased Sumiben Natubhai lived in locality known as Mograwadi, near Bhut Bungalow in Bulsar with her family which comprised her husband and three children. She had developed illicit intimacy with the appellant 2 to 3 years prior to the date of incident. As a result of that intimacy, the appellant often visited her place. On one of such visits which took place on 22/8/1991 at about 9. 00 p. m. the appellant demanded liquor from the deceased. Acceding to his request, the deceased gave him a glass full of liquor. After consuming the liquor, the appellant demanded a sum of Rs. 30. 00 from her. Deceased, however, refused to give that amount. This enraged the appellant and he picked up a kerosene lamp which was lying in the room and sprinkled some kerosene over the body of the deceased. He thereafter forcib







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