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2018 Supreme(Guj) 1105

BELA M.TRIVEDI, SONIA GOKANI
Hareshbhai @ Hanan Ishwarbhai Jethabhai Vasava – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: HCLS Committee, Mr. P.H. Buch
For the Respondent: Ms. Nisha Thakore, APP.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal filed by the appellant-accused is directed against the Judgment and Order dated 11.10.2012 passed by the Additional Sessions Judge, District-Bharuch Camp at Ankleshwar (herein after referred to as ‘the Sessions Court’) in Sessions Case No. 22 of 2012, arising out of Cr. I 74/2011 registered at Ankleshwar Rural Police Station. By the said Judgment and Order, the Sessions Court has convicted the appellant-accused for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo life imprisonment and pay fine of Rs. 5,000/-in default thereof, to undergo further simple imprisonment for a period of one year. The Sessions Court has acquitted the accused for the offence under Section 135 of the Bombay Police Act.

2. The case of the prosecution as unfolded before the Sessions Court was that the deceased Mehul aged about 8 years happened to be the son of the complainant Melabhai alias Mukeshbhai Gordhanbhai and was studying in Std. 2 at Nagal Primary School. On 30.08.2011, the said Mehul did not come back home from the school and his friend Sahilbhai Vijaybhai Vasava brought his school bag. Hence, the mother of t
















































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