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2016 Supreme(Guj) 634

RAJESH H.SHUKLA
Tejasbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ashish M. Dagli, Advocate
For the Respondents: Hansa Punani, APP

JUDGMENT

Rajesh H. Shukla, J.

1. The present appeal is directed against the impugned judgment and order in Sessions Case No. 36/2012 (Old Sessions Case No. 19/2010) by the Additional Sessions Judge, Limbdi dated 31st March, 2014 recording conviction of the appellant-accused for the offence under Section 307 of the Indian Penal Code imposing sentence to undergo SI for ten years and fine of Rs. 10,000/-, in default, to undergo SI for six months.

2. The facts of the case briefly summarized are that:--

"2.1 On 25.10.2009 at 07:30 in the morning when the victim had started from his house to go to his factory, where he is working, the accused is said to have assaulted with pipe from behind. Therefore, the people in the shop and stall gathered and cousin brother of the complainant also came there. It is the case of the prosecution that the injured victim is said to have conveyed his uncle, Hafiskhan that he has been assaulted by the appellant-accused with the pipe and he may leave him to catch the appellant-accused. Thereafter, the victim was removed to the Hospital at Thangadh and, thereafter, was taken to the Civil Hospital, Rajkot and also to private hospital as stated in detail. The incid























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