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2014 Supreme(Guj) 66

JAYANT PATEL, Z.K.SAIYED
Raijibhai Merubhai Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Shirish R. Patel
For Respondents/Defendant: H.L. Jani, A.P.P.

JUDGMENT

Jayant M. Patel, J.

1. The present appeal is directed against the judgment and order passed by the leaned Sessions Judge in Sessions Case No. 55 of 2009, whereby all the accused have been convicted for the offence under Sec. 302 read with Sec. 114 of I.P.C. and sentence imposed is of life-imprisonment with the fine of Rs. 500/- upon each of the accused with the further one month S.I., for default in payment of fine. The short facts of the case are that on 15-12-2007 a complaint came to be registered with Dakor Police Station by Chandrasinh Chhatrasinh Rathod (P.W. 1) (Exh. 10), stating that his brother Narvatsinh had to collect an amount of Rs. 1,400/- towards unpaid consideration for the sale of buffaloes from Raijibhai Merubhai Parmar (A-1). On 14-12-2007 at about 6-00 O'clock, when he was at his residence and Narvatsinh (deceased) had gone to the agricultural field for irrigation to the crop of wheat, he had also gone to A-1 for demanding money of Rs. 1,400/-. At that time, at about 8-00 O'clock, Kalusinh @ Khodsinh Bharatsinh Parmar (P.W. 4) came at his residence and informed that his brother Narvatsinh was being beaten by some persons. Therefore, his younger brother's w

















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