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2017 Supreme(Guj) 795

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


Advocates Appeared:
For the Appellant : K.S. Chandrani
For the Respondents: C.M. Shah

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These appeals arise out of a common judgement dated 20.05.2013 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 27 of 2010.

2. The prosecution case in brief was that deceased Narendrasinh Bhikhubha Zala lived in the same locality as Dilipbhai Pandit, father of accused No. 1. Said Dilipbhai had spoken to one Heenaben, resident of the same complex making indecent reference. Heenaben's husband had taken up this issue with Dilipbhai. Narendrasinh came to know about this episode and admonished Dilipbhai for such indecent talk. It appears that Narendrasinh even beat up Dilipbhai in the late evening of 09.06.2009. On the same night at about 10:30 when Narendrasinh was passing through Gokuldham area of Rajkot, Yagnesh @ Lalo, son of Dilipbhai (accused No. 1) came there along with his friends (accused Nos. 2 to 6) in a Wagon R car and motorcycles and intercepted Narendrasinh and his friends. Yagnesh first asked who had quarreled with his father and upon finding that it was Narendrasinh, gave a knife blow in his stomach. Accused No. 2, Prakashbhai gave a blow on the head with a baseball bat. The others joined in attacking Na























































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