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2017 Supreme(Guj) 670

AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
Shankarbhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Darshan M. Varandani.
For the Respondent: Jirga Jhaveri.

JUDGMENT :

Biren Vaishnav, J.

1. Four appellants, who have been convicted by a judgment and order dated 28.03.2014, passed by the learned Additional Sessions Judge, Gandhidham-Kutch and sentenced to undergo life imprisonment for the offences punishable under Sections 302 read with Section 114 of the Indian Penal Code, have approached this Court challenging their conviction and sentence.

2. Mr. Darshan Varandani, learned advocate for the appellants states that, appellant No. 1 Shankarbhai has expired. In view of the statement made by the learned advocate, the appeal so far as appellant No. 1 is concerned, stands abated.

3. According to the charge at Exh.8 framed by the learned Additional Sessions Judge in Sessions Case No. 51 of 2009, at 8 at night on 20.05.2009, Ravi Munnuswami Periswami Madrasi-husband of accused No. 3 was at the complainant's Shivani's place. It is the case of the prosecution that, due to the strained matrimonial relations between the accused No. 3 with her husband-deceased Ravi Munnuswami, the accused No. 2 along with the other accused went to Shivani-the complainant's place. The accused Nos. 1 and 2 caught hold of Ravi Munnuswami and the accused Nos. 3 and 4 caused



































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