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2017 Supreme(Guj) 968

J.B.PARDIWALA
Dakshaben Rajeshbhai Gadhvi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Darshan M. Varandani, Advocate
For the Respondent: Shruti Pathak, Additional Public Prosecutor

JUDGMENT :

J.B. Pardiwala, J.

1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused Nos. 1 and 2 seek to invoke the inherent powers of this Court praying for quashing of the proceedings of Sessions Case No. 71 of 2016 pending in the Court of the learned 6th Additional District & Sessions Judge, Anjar-Kachchh arising from F.I.R. Being C.R. No. I-91 of 2016 registered with the Anjar Police Station for the offences punishable under section 306 read with 114 of the Indian Penal Code.

The case of the prosecution may be summarized as under.

2. The deceased, by name, Rajeshbhai Lagdhirbhai Lamba was married to applicant No. 1 herein, past 15 years. In the wedlock, a son, named, Shubham, was born. At the time of the incident, Shubham was aged 4 years. It appears that soon after the marriage matrimonial disputes cropped up between the deceased and his wife. On 20.03.2016, the deceased had attempted to commit suicide by consuming acid. He was immediately shifted to the hospital by his father for medical treatment. On the very same day, his dying declaration came to be recorded by the Deputy Mamlatdar and the Executive Magistrate, Rajkot


























































































































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