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2012 Supreme(Guj) 461

PARESH UPADHYAY, A.L.DAVE
THAKORE VINAJI NATUJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR. HARNISH V. DARJI for the Appellant
MR. K. L. PANDYA ADDL.PUBLIC PROSECUTOR for the Opponent

JUDGMENT

PARESH UPADHYAY, J.

1. This appeal is directed against the judgment and order of the Sessions Court, Patan, in Sessions Case No. 85 of 2005 dated 25.07.2006, whereby the appellant, Thakor Vinaji Natuji, original accused No.1, is convicted of the charge of committing offences punishable under Sections 302, 392, 397, 201, 120-B of IPC and Section 135 of the Bombay Police Act. Two persons were tried. The second accused was Isaji @ Isuji Chundaji Thakor and he was original accused No.2. The original accused No.2 is acquitted whereas the present appellant, original accused No.1 is convicted and for the said conviction, is sentenced as under.

(i) For offence under Section 302 of IPC, for life imprisonment and fine of Rs.500/- and in default, simple imprisonment of one month,

(ii) For offences under Sections 392, 397, 201 read with Section 120-B of IPC, rigorous imprisonment for two years,

(iii) For offence under Section 135 of Bombay Police Act, no separate sentence is imposed.

All sentences are ordered to run concurrently.

It is this judgment and order which is under challenge in this appeal.

2.1 The case of the prosecution is to the effect that on 14.08.2005, Mafaji Govaji (PW:




























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