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2007 Supreme(Guj) 867

A.M.KAPADIA, K.A.PUJ
Akhilesh @ Mukesh Agrawal @ Sanjaysinh @ Raju Tiwari – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Yogesh S. Lakhani.
For the Respondent: K.T. Dave.

JUDGMENT :

A.M. KAPADIA, J.

1. By instant appeal under Section 374 of the Code of Criminal Procedure (‘the Code’ for short), the appellant/original accused No. 2 (‘the accused’ for short) challenges the correctness and legality of the judgment and order dated 31.12.2003, rendered in Sessions Case No. 77 of 2001 by the learned Additional Sessions Judge, Court No. 6, City Sessions Court, Ahmedabad, by which the accused has been convicted for commission of the offences punishable under Sections 120B, 364A, 387 read with Section 120B and 511 of the Indian Penal Code (IPC for short) and Sections 25 (1) (a), 25 (1) (b) and 27 of the Arms Act, 1959 and sentenced to suffer R.I. for four months and fine of Rs. 1,000/- i.d. thereof, RI for further period of 15 days for commission of offence punishable under Section 120B IPC, RI for ten years and fine of Rs. 5,000/- i.d. thereof RI for further period of three months for commission of the offence punishable under Section 364A read with Sections 120B and 511 IPC, RI for five years and fine of Rs. 1,500/- i.d. thereof RI for further period of

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