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2021 Supreme(Guj) 660

A.J.DESAI, SANDEEP N.BHATT
PRABHATBHAI SOMABHAI NAYAK – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR. HARDIK K RAVAL, MR ASHISH M DAGLI
For the Respondent: MR J.K. SHAH

JUDGMENT :

A. J. DESAI, J

1. These two appeals have been filed by the convicts, namely, Prabhatbhai Somabhai Nayak and Dineshbhai Udesinh Nayak challenging their conviction recorded vide judgment and order dated 27.03.2015 by the learned 3rd Additional Sessions Judge, Panchmahal, Godhra in Sessions Case No.127 of 2014 by which both the appellants were convicted for the offences punishable under Sections 302 and 114 of the Indian Penal Code, 1860 and they have been sentenced to life imprisonment and a fine of Rs.10,000/- and in default thereof, further one year simple imprisonment has been ordered.

2. The appeals came to be admitted by this Court on 22.2.2016. The Records and Proceedings along with the Paperbook has been called for from the learned Sessions Court which has reached to this Court and placed before us.

3. The case put forward by the prosecution is as under :-

    3.1 That on 30.5.2014, one Minaben wife of Vakhatsinh Shanabhai Nayak, resident of village Kharkhadi Mahadev Faliya, Tal. Ghoghamba, Godhra lodged an FIR with Rajgadh Police Station and declared that she resides along with her husband Vakhatsinh, her in-laws at village Kharkhadi. Her father-in-law has two brothers, on

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