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2010 Supreme(Guj) 65

JAYANT PATEL, RAJESH H.SHUKLA
Karanbhai Nathabhai Bharwad – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Aj. Shastri, for the Appellant No. 1 – 5.
Mr. Kl. Pandya, APP for the Opponent No. 1.

Judgment

Jayant Patel, J.—The present appeal is directed against the judgement and order dated 15.10.2007 passed by the learned Sessions Judge in Sessions Case No. 36/2001, whereby the appellant-accused have been convicted for the offences under Section 147 read with Section 148 of IPC and the accused are also convicted for the offences under Section 366 read with Section 304 of IPC and the sentence is imposed of one year R.I., with the fine of Rs. 2,000/-, 2 (two) years R.I., with the fine of Rs. 3,000/-, 10 (ten) years R.I., with the fine of Rs. 5,000/-, and 10 (ten) years R.I., with the fine of Rs. 5,000/- for the respective offences and all punishments are ordered to be undergone concurrently.

2. It appears that as per the prosecution case on 17.2.2001, when the complainant Nimuben Gobarbhai Radadiya with her mother were present at their residence and at that time, the brother of the complainant and the father of the complainant were at a different place, at about 7 O’Clock, Accused No. 1 (A-1) together with about 7 persons came at the residence with the weapons and two persons of the said assembly, dragged the complainant into the street and the other persons were standing at th


















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