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2017 Supreme(Guj) 708

AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
Jyotindrabhai Madhusudan Joshi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : M.R. Molavi
For the Respondents: H.K. Patel

JUDGMENT :

Biren Vaishnav, J.

1. This appeal has been filed by the accused, he having been convicted for offences under sections 302, 397, 201 and 363 of Indian Penal Code. By the impugned judgment and order dated 15.03.2012 passed by the learned Sessions Judge at Rajpipla, the accused has been convicted and sentenced to undergo life imprisonment.

2. The case of the prosecution as per the charge at Exh. 5 is that between 5.P.M of 12.11.2011 and 9.A.M of 15.11.2011. Jayendra Devdutt Dave was found dead in room No. 8 of the Garudeshwar guest-house. The death occurred due to strangulation with the help of a nylon rope which the accused used, when he was the co-occupant with deceased at room No. 8 of the guesthouse. After having committed the act, the room was locked from outside and the keys were thrown away. The accused took away the mobile and the cash of the accused. The accused was therefore also charged for offences under sections 302, 397 and 201 of IPC.

3. The deceased's daughter Neha was also at the guest-house and was kidnapped and therefore section 366 was also invoked against the accused.

4. Harishchandra Purshottam Navre, was a clerk working at the guest-house at Garudeshwar. I































































































































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