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2009 Supreme(Guj) 295

JAYANT PATEL, RAJESH H.SHUKLA
Duduabhai Kajabhai Rajput – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Ms. Sadhana Sagar, for the Appellant Nos. 1 - 2, 4.
Ms. Chetna Shah, Additional Public Prosecutor, for the Opponent No. 1.

Judgment

Rajesh H. Shukla, J.—The present appeal is directed against the judgment and order dated 5.10.2001 passed by the learned Additional Sessions Judge, Banaskantha at Deesa in Sessions Case No. 115/99 recording the conviction of A-1, A-2 and A-4 for offence under Section 302 read with Section 34 of IPC and imposing rigorous imprisonment for life and fine of Rs. 1,000/- each and in default simple imprisonment for one year, recording conviction of A-2 for offence under Section 307 of IPC and imposing sentence of RI for 5 years and fine of Rs. 500/- and in default simple imprisonment for 6 months and further recording conviction of A-3 for offence under Section 323 and imposing sentence of RI for 6 months. The learned Judge has also convicted A-1, A-2 and A-4 for offence under Section 504 of IPC and imposed sentence of simple imprisonment or one year. As A-3 has been convicted only for offence under Section 323 of IPC, he has been ordered to be released after considering the remissions and the sentence undergone.

2. The facts of the case, briefly summarized, are as follows:

2.1 It is the case of the prosecution that the complainant accompanied by the deceased cousin brother Kanjibha






























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