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2011 Supreme(Guj) 567

A.L.DAVE, BANKIM N.MEHTA
Hira Asha Rabari – Appellant
Versus
The State of Gujarat – Respondent


Advocates:
Mr. Magan Barot, Sr. Advocate with Mr. J.M. Buddhbhatti, for the Appellants
Mr. K.L. Pandya, APP for the Respondent. Appearance in Criminal Appeal No. 332 of 2005:Mr. Magan Barot, Sr. Advocate with Mr. Y.V. Brahmbhatt for the Appellants. Mr. K.L. Pandya, APP for the Respondent. Appearance in Criminal Appeal No. 424 of 2005:Mr. K.L. Pandya, APP for the Appellant. Mr. Magan Barot, Sr. Advocate with Mr. Y.V. Brahmbhatt for the Respondents. Mr. B.Y. Mankad for original Complainant.

Judgment

A.L. Dave, J.—These appeals arise out of judgment and order rendered by the Sessions Court, Kachchh at Bhuj on 24.12.2004 in Sessions Case No. 64 of 2003.

2. There were in all 11 persons facing charges before the trial Court for the offences punishable under Sections 147, 148, 149, 120-B, 341, 323, 504, 506(2) and 302 of the IPC and Section 135 of the Bombay Police Act. The trial Court found that the prosecution was successful in proving charges for offences punishable under Sections 147, 148, 149 and 120-B read with Section 302 of the IPC against accused Nos. 1, 2 and 8 before it. The trial Court found that the prosecution was also successful in proving offences punishable under Section 323 read with Sections 147, 148 and 149 of the IPC against accused Nos. 3, 5, 7, 10 and 11. The trial Court found further that charges punishable under Section 341 read with Sections 147, 148, 149 and 120-B of the IPC were proved by the prosecution against accused Nos. 3, 4, 5, 6, 7, 10 and 11. It was also found that offence punishable under Section 506(2) of the IPC was proved against accused No. 1 and charge for offence punishable under Section 135 of the Bombay Police Act was held to have








































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