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2012 Supreme(Guj) 378

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Lashuben Chemabhai Chaudhary – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
Mr. Pratik B. Barot for Appellant : 1, Mr. K. P. Raval, Additional Public Prosecutor for Opponent: 1,

JUDGMENT

J. B. PARDIWALA, J.

1. This appeal is at the instance of a convict sentenced for the offence punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 28th June, 2007, passed by the learned Additional Sessions Judge. Fast Track Court No.5, Vyara, Dist. Surat, in Sessions Case No. 72 of 2006. By the aforesaid judgment and order, the learned Sessions Judge found the appellant-accused guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced her to suffer life imprisonment and to pay a fine of Rs. 500/- for the offence punishable under Section 302 of the IPC. In default of payment of fine, the appellant-accused was directed to undergo further simple imprisonment for one month.

2. The case made out by the prosecution may be summarized thus :-

2.1 The deceased Holkiben was the mother-in-law of the accused. On 3rd September, 2006, at around 19.00 hours, the accused picked up a quarrel with the deceased, alleging that the deceased was stealing articles of the accused. On such accusations being levelled by the accused against the deceased, a quarrel ensued between the two, result


















































































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