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2016 Supreme(Guj) 1298

HARSHA DEVANI, BIREN VAISHNAV
Jagdishsinh – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Ashish M. Dagli, Advocate.
For the Respondent: Nisha Thakore, Additional Public Prosecutor.

JUDGMENT :

Biren Vaishnav, J.

1. This appeal under section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction dated 20.10.2014 passed by the Sessions Judge, Jamnagar, in Sessions Case No. 79 of 2012. By the aforesaid judgment, the appellant-accused has been convicted of offences punishable under sections 302, 201 of the Indian Penal Code and section 135(1) of the Bombay Police Act. The appellant has been acquitted of the offence under section 66(1)(B) of the Bombay Prohibition Act.

2. The case of the prosecution is as under:

2.1. The complainant, Jentilal Premjibhai Tank, father of the deceased Rajesh Jentilal Tank, filed an FIR before the Panchkoshi Police Station at Jamnagar on 26/5/2012 inter-alia stating that he is a resident of Village Jamvanthali. The complainant further stated that he had three sons, the eldest one being Vinubhai who stays at Billimora, the second son Suresh, a teacher staying at Village Balugar. That he (the complainant) owns and possesses 40 bighas of agricultural land on the road to Rozia Village and he c














































































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