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2021 Supreme(Guj) 220

A.J.DESAI, A.S.SUPEHIA
Khetabhai Ladhubhai Bharwad – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Yogesh S Lakhani, Senior Counsel, With Mr. Rahul R Dholakia(6765)
For the Respondent: Mr Dharmesh Devnani, App (2)

JUDGMENT :

A.S. SUPEHIA, J.

1. Both these appeals are filed under section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) which arise out of common judgment and order dated 30.05.2019 passed by learned 3rd Additional District & Sessions Judge, Ahmedabad (Rural), Dist. Ahmedabad, in Sessions Case No.101 of 2017, are being decided analogously by this common judgment.

2. Criminal Appeal No.1285 of 2019 is filed by the original accused No.1 challenging his conviction under section 302 of the Indian Penal Code, 1860 (IPC), whereby he is sentenced to imprisonment of life. Various other periods of sentences with fines are also prescribed for offences under sections 323, 324 and 325 of the IPC but the same are directed to run concurrently.

3. Criminal Appeal No.1222 of 2019 is filed by the original accused Nos.2 and 3 challenging the conviction for the offences punishable under sections 323, 324, 325 and 294(b) of the IPC and for the offence punishable under section 135(1) of the Gujarat Police Act,1951. The maximum sentence of three years is imposed for the offence punishable under section 325 of the IPC. Other sentences with fines are prescribed but the same are ordered to run concurre

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