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2017 Supreme(Guj) 1854

BELA M.TRIVEDI, A.S.SUPEHIA
RANCHODBHAI MAFATBHAI SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant :HCLS COMMITTEE, MR. MANOJ T DANAK, ADVOCATE.
For the Respondent: MS MONALI BHATT, APP.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The appellant-accused has preferred this appeal under section 374 of the Code of Criminal Procedure, 1973 against the judgment and order dated 21.02.2013 passed by the 3rd Additional Sessions Judge (Adhoc), Anand (hereinafter referred to as ‘the Trial Court’) in Sessions Case No.128 of 2011, whereby the Trial Court has convicted the appellant for the offences punishable under section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and to pay fine of Rs.3,000/in default thereof to undergo simple imprisonment for the period of three months.

2. As per the case of the prosecution before the Trial Court, on 04.08.1998 one Ratansinh Chhagansinh Solanki, Sarpanch of village Untwada, gave an information to the PSO of Tarapur Police Station that one Samantbhai Madhabhai Solanki, resident of his village had expired and therefore, he had called his cousin brother Narsingbhai, and that when he and Narsingbhai went to the hut of Samantbhai, he was found dead wearing only underwear, at the cot. It was further case of the prosecution that thereafter on 06.08.1998, a complaint came to be registered before the Tarapur Police Station at the



















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