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2025 Supreme(Guj) 1438

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State of Gujarat – Appellant
Versus
Kiritsinh @ Karansinh Sidubha Jadeja – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhargav Pandya

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. This appeal is directed against the judgment dated 17.07.2012 passed in Sessions Case No. 109 of 2006 on the file of learned Sessions Judge, Jamnagar, whereby, the respondent Nos. 1 to 3, who are accused Nos. 1 to 3 (A1 to A3) in the said case were acquitted of the offences punishable under Sections 307 , 323, 326 r/w. 114 of the INDIAN PENAL CODE , 1860 (IPC) and Section 135(1) of the BOMBAY POLICE ACT .

2. Outlined facts of the prosecution case may stated as follow:

2.1 PW-1 is the complainant. He is the resident of Samrat Ashoknagar in Jamnagar city. PW-2 and PW-6 are the sons of PW-1 and PW-3 is the daughter of PW-1. They all are residing together in the house of PW-1. A1 is also the resident of the same street and he is also residing nearby the house of PW-1. A2 and A3 are the brothers of A1 and they are all residing together in one house.

2.2 It is stated that on 19.08.1995, at about 11:30 a.m., PW-1 was hearing music in his tap-recorder. At the same time, A1 was also hearing the music in his tap-recorder at his house. As PW-1 was hearing the tap-recorder with high volume of sound, A1 requested him to reduce the volume of sound. But, i

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