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2024 Supreme(Guj) 1998

ILESH J. VORA, S. V. PINTO
Dilipji Varsangji Thakor (Chauhan) – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Lopa M. Bhatt, Mr D.K. Desai.

JUDGMENT :

(ILESH J. VORA, J.)

1. The present appeal is filed by the appellant – original accused no. 1 under Section 374 of Code of Criminal Procedure, 1973 (old) (‘Cr.P.C.’, in short) against the judgment and order of conviction and sentence dated 26.12.2013 passed by the learned Additional Sessions Judge, Banaskantha- Palanpur in Sessions Case no. 3 of 2013, wherein, the appellant came to be tried for offence punishable under Section 302 read with Section 114 of the Indian Penal Code, 1860 (‘IPC’, for short).

2. At the end of the trial, the appellant came to be convicted under Section 302 of IPC and was sentenced to life imprisonment with fine of Rs.500/- and in default of payment of fine to suffer further simple imprisonment of fifteen days.

3. Brief facts which are necessary to dispose of the present appeal are in nutshell as under:

3.1 The appellant Dilipsinh Thakore – accused no.1 in this appeal has challenged his conviction and sentence for the murder of Naranji Chauhan, resident of Village Moti Bamodra, Tal.: Danta, Dist.: Palanpur.

3.2 According to the prosecution version, on 02.11.2012, at about 01:00 p.m., deceased Naranji Chauhan was restrained by the appellant accused,

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