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2021 Supreme(Guj) 1148

A.J.DESAI, SAMIR J.DAVE
SUNIL BABUBHAI VASAVA @ LALA NIZAMUDDIN SAUKAT ALI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR EE SAIYED, MR NASIR SAIYED
For the Respondent: MR DHARMESH DEVNANI

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 of conviction dated 13.01.2017 rendered by learned 5th Additional Sessions Judge, Ankleshwar (hereinafter referred to as 'the learned Trial Court') in Sessions Case No.09 of 2014 by which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 and ordered to undergo life imprisonment with fine of Rs.1,000/- and in default thereof, ordered to further undergo simple imprisonment for a period of 30 days.

2. The appeal came to be admitted on 11.10.2018. 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 on 26.9.2013, one Madinaben @ Sindhuben wife of Majidbhai Ismailbhai Shaikh, resident of Ankleshwar lodged an FIR with Ankleshwar City Police Station and alleged that one Karan L. Vasava and Prakash Dinesh Vasava came on th

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