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2016 Supreme(Guj) 771

K.S.JHAVERI, BIREN VAISHNAV
Nadiya Ratilal Bhaljibhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Yogendra Thakore, Advocate
For the Respondent: C.M. Shah, Addl Public Prosecutor

JUDGMENT :

K.S. Jhaveri, J.

1. The appellant - accused has been found guilty of commission of offence under Sections 302, 323,324 of Indian Penal Code & 135 of B.P. Act and has been awarded life imprisonment and fine of Rs. 5000/-, in default, simple imprisonment for six months under Section 302; R.I for six months and fine of Rs. 500/- in default simple imprisonment for one month under section 323; R.I for one year and six months and fine of Rs. 1000/- in default simple imprisonment for two months under section 324 and fine of Rs. 100/- in default simple imprisonment for seven days under section 135 of B.P. Act by learned Additional Sessions Judge, Mehsana vide judgment and order dated 31.01.2012 passed in Sessions Case No. 131 of 2010.

2. The gist of the prosecution story is mentioned herein-below:-

2.1 The accused and the deceased were husband and wife and on 01.08.2010 the accused had asked the deceased to wash all the utensils as a part of religious custom pursuant to a death in the family. The deceased refused to do so and threw the utensils outside the bathroom on the floor.

































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