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2017 Supreme(Guj) 22

AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
Dhaneshbhai Dwarkadas Sachaniya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Anil H. Soni
For the Respondent: Jirga Jhaveri

JUDGMENT :

Biren Vaishnav, J.

1. All these appeals arise out of a common judgment and order dated 30.06.2004 passed by the learned Additional Sessions Judge and Fast Track Judge, Junagadh.

2. Criminal Appeal No. 1148 of 2004 has been filed by the original accused No. 4 as he has been convicted for offences under section 489(B) read with section 489(C) of IPC and sentenced to undergo seven years of rigorous imprisonment and fine of Rs. 5000/- in default thereof. Criminal Appeal Nos. 1949 of 2004 and 1950 of 2004 have been filed by the State of Gujarat. Criminal Appeal No. 1949 of 2004 has been filed by the State seeking enhancement of the sentence imposed on the original accused Nos. 1 to 4 who have been sentenced to undergo seven years of rigorous imprisonment for offence under section 489(B) and 489(C) of IPC whereas Criminal Appeal No. 1950 of 2004 has been filed by the State challenging the acquittal of original accused Nos. 5 to 8 and 10 to 20 in Sessions Case No. 74 of 2000, Sessions Case No. 99 of 2000, 14 of 2001, 29 of 2002 and 77 of 2001.

3. The prosecution case in brief is that on 13.01.2000 Shri P.O. Bhatt, Sub-inspector, Visavadar Police station lodged the first information





























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