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2009 Supreme(Guj) 652

A.L.DAVE, J.C.UPADHYAYA
Ashaben Naileshbhai Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Mr. Nitin M. Amin, for the Appellant No. 1.
Mr. M.G. Nanavati, Addl. Public Prosecutor, for the Opponent No. 1.

Judgment

J.C. Upadhyaya, J.—The challenge in this appeal is to the judgment and order rendered by learned City Sessions Judge, Ahmedabad on 26.03.2001 in Sessions Case No. 270 of 1999 whereby the learned trial Judge recorded conviction of the appellant Ashaben Naileshbhai Shah, who was original accused in the aforesaid Sessions Case for committing murder of her mother-in-law, deceased Manoramaben, punishable under Section 302 of the Indian Penal Code (‘IPC’, for short) and also recorded her conviction for the offence punishable under Section 135(1) of the Bombay Police Act and the appellant was sentenced to undergo R.I. for life and fine of Rs. 5000/- and in default, R.I for one year for the offence punishable under Section 302 of the IPC and simple imprisonment for one month and fine of Rs. 100/- and in default, S.I for one month for the offence punishable under Section 135(1) of the Bombay Police Act.

2. The prosecution case as unfolded during the course of trial is that the incident occurred on dated 12.1.1999, at about 3.30 pm in the house No. 2/40 Gujarat Housing Board, Khokhra, Mehmadabad. It is alleged that the appellant carrying a big knife, usually used to cut pineapple, cam












































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