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2022 Supreme(Guj) 1254

S. H. VORA, RAJENDRA M. SAREEN
STATE OF GUJARAT – Appellant
Versus
NARSHI SHIVJI BHANUSHALI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.M. SHAH.
For the Respondents: JAIMIN D. PANDYA, PREMAL S. RACHH.

JUDGMENT :

RAJENDRA M. SAREEN, J.

1. Present Criminal Appeal has been preferred by the appellant-State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 30.06.1995 passed by the learned Sessions Judge, Kachchh at Bhuj in Sessions Case No. 44 of 1994 acquitting the respondent Nos. 1 to 3-original accused Nos. 1 to 3 from the offence punishable under sections 498-A, 302, 114 and 201 of Indian Penal Code.

It is pertinent to note that the respondent No. 1-original accused No. 1 has expired during the pendency of the proceedings and hence the present appeal stood abated qua respondent No. 1 vide order dated 20.06.2022.

2. The case of the prosecution, in nutshell is as under:

    The F.I.R. is lodged by one Lalji Gopal Bhanushali of Nalia on 26.12.1993 at 5.30 but the hours are not written so it is assumed that it is 5.30 in the morning. In the F.I.R. the names of all the three accused are mentioned. According to the F.I.R. the incident is alleged to have taken place on 25.12.1993 at 12.00 hours. The complainant and Lalji Gopal is resident of Nalia. He has two sons and two daughters. The eldest daughter Jashoda was married to Naran Narabi, accu

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