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2021 Supreme(Guj) 650

A.J.DESAI, NIRZAR S.DESAI
BHARTIBEN MUKESHBHAI JADWANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : HCLS COMMITTEE, Ms DIPIKA P BAJPAI
For the Respondent: MR J.K. SHAH

JUDGMENT :

A. J. DESAI , J.

1. By way of the present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the appellant has challenged the judgment and order dated 7.2.2013 passed by learned 2nd Additional Sessions Judge, Bhuj @ Kutch (hereinafter referred to as 'the learned Sessions Court') in Sessions Case No.77 of 2011 by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and fine of Rs.1,000/- and in default thereof, to undergo further simple imprisonment for one month.

2. The appeal came to be admitted on 24.6.2013. The records and proceedings along with Paper-book was called for from the learned Trial Court and the same has been placed before this Court accordingly.

3. The short facts of the case put forward by the prosecution before the learned Trial Court is as under :-

4. That the present appellant, namely, Bhartiben wife of Mukeshbhai Jadwani, resident of Room No.24, Ram-Krishna Colony, Behind G. K. General Hospital, Bhuj appeared before Bhuj City Police Station on 29.8.2011 at around 1.40 a.m. along wit

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