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2024 Supreme(Guj) 2054

ILESH J. VORA, S. V. PINTO
Laxmanbhai Khodabhai Senva – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HCLS Committee, Mr. Mahendra U Vora
For the Respondent: Mr Bhargav Pandya, APP

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant under section 374 of the Code of Criminal Procedure against the judgement and order dated 7.10.2014 passed by the learned 2nd Additional Sessions Judge, Kheda @ Nadiad (hereinafter referred to as the “learned trial court”) in Sessions Case No. 36 of 2014. The appellant is referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts giving rise to the present appeal are as under.

2.1 As per the case of the prosecution, the accused was living with his wife, Masooriben in Bhathiji Faliya of village Ladwa and on 28.06.2013 at about 7:30 hours when they were at home, the accused had a doubt that his wife Masooriben had an affair with one Vikrambhai Bhalabhai Thakore, and he asked his wife where she had got the new sari from and had a quarrel with his wife. At that time, the accused got enraged and took a chopper and a knife and caused injuries on the chest and over the stomach of his wife and strangulated her and caused her death. The accused came to the Kathlal Police Station and filed the complaint before the PSI, Kathlal Police Station which was reg

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