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2016 Supreme(Guj) 2183

J.B.PARDIWALA
SUNIL TEJBAHADUR SINGH THROUGH ANILSINGH S/O TEJBAHADUR SINGH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR K.S. CHANDRANI, ADVOCATE
For the Respondent: MS NISHA THAKORE

JUDGMENT :

1. By this application under Article 227 of the Constitution of India, the applicant – original accused, through his brother, calls in question the legality and validity of the order dated 7th May 2016 passed by the 12th (Adhoc) Additional Sessions Judge, Rajkot Exhibit: 12 in the Sessions Case No.268 of 2014.

2. It all started with an application under Sections 328 and 329 of the Code of Criminal Procedure, 1973 filed by the elder brother and natural guardian of the accused stating that the accused namely, Sunil Tejbahadur Singh was of unsound mind and thus incapable of making his defence.

3. It appears from the materials on record that the accused namely, Sunil Tejbahadur Singh is facing trial for the offence punishable under Sections 302 and 324 of the Indian Penal Code. On 21st November 2014, the Additional Sessions Judge, Rajkot framed charge at Exhibit: 7 against the accused for the offence of murder.

4. It appears that on 13th July 2014, at about 1900 hours, the accused is alleged to have inflicted injuries on the body of two persons namely, Ravatbhai @ Rajubhai





























































































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