J.B.PARDIWALA
DHIRUBHAI KALABHAI SINGHAL – Appellant
Versus
STATE OF GUJARAT – Respondent
1. By this writ application under Article-226 of the Constitution of India, the petitioner-original accused of the offence of murder seeks to challenge the order dated 29th January, 2014 passed by the learned Sessions Judge, Junagadh below Exh.7 in Sessions Case No.61/2012 as well as the resolution/order dated 2nd July, 2012 passed by the respondent no.2 State Government appointing Shri D.R. Karkar as the Special Public Prosecutor in the Sessions Case No.61/2012.
2. The facts giving rise to this writ application may be summarized as under :-
2.1 On 16th May, 2012, a First Information Report was lodged by one Dhirubhai Sarmanbhai Sutreja against the petitioner herein and one other person of the offence of murder punishable under Sec. 302 of the Indian Penal Code. The First Information Report was lodged on the very same date of the incident i.e. 16th May, 2012. The case of the prosecution is that the petitioner herein along with a co-accused intercepted the brother of the first informant, namely, Sarmanbhai (deceased) with the intention to commit his murder. When the deceased tried to make good his escape, the accused persons ran after him and inflicted injuries on the body
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