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ILESH J. VORA, S. V. PINTO
Shailesh Shanitlal Raval – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MS. JUSTICE S.V. PINTO)
1. This appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure against the judgement and order dated 04.12.2017 passed by the learned 10th Additional Sessions Judge, Ahmedabad (Rural) (hereinafter referred to as the “learned Trial Court”) in a common judgment passed in Sessions Case No. 43 of 2016 and Sessions Case No. 250 of 2016.
1.1 The appellant is the original accused of Sessions Case No. 43 of 2016 and co-accused Maganbhai Gopabhai Sheikh is the original accused of Sessions Case No. 250 of 2016. As both the Sessions cases arose out of the same FIR registered at ATS Police Station I – C. R. No. 04 of 2017, and after the chargesheet against the appellant was filed the co-accused Maganbhai Gopabhai Sheikh was arrested, a supplementary chargesheet was filed and an order to consolidate both the cases was passed below Exh. 10 preferred by the learned APP. The common evidence was recorded in both the cases and the learned Trial Court disposed off both Sessions Case No. 43 of 2016 and Sessions Case No. 250 of 2016 by a common judgment.
1.2 The appellant is referred to as the accused no. 1 as he st
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