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2021 Supreme(Guj) 998

A.J.DESAI, SAMIR J.DAVE
JARAR OSAMAN VANDHA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR N P CHAUDHARY
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 of conviction dated 14.09.2015 rendered by the learned Sessions Judge, Kachchh @ Bhuj in Sessions Case No.27 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.25,000/- and in default thereof, ordered to further undergo rigorous imprisonment for a period of six months. The appellant was also convicted for the offence punishable under Section 135 of the Gujarat Police Act and ordered to undergo rigorous imprisonment for a period of four months and fine of Rs.1,000/- and in default thereof, ordered to undergo further simple imprisonment for a period of one month. All the sentences were ordered to run concurrently.

2. The appeal came to be admitted on 17.12.2015. 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 b

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