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2025 Supreme(Guj) 1713

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, S.V.PINTO
Naranbhai @ Naniyo Khimjibhai Vadher – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant : MR ANIL S DAVE, MR. ROHAN MAJMUDAR FOR MR NK MAJMUDAR
For the Respondent: MR. JAY MEHTA, APP

JUDGMENT :

S.V. PINTO, J.

1. Criminal Appeal No. 3025 of 2008 has been filed by the appellants - original accused under Section 374(2) of the Code of Criminal Procedure and Criminal Appeal No. 132 of 2009 has been filed by the State for enhancement of sentence. Both the appeals are against the judgment and order dated 28.11.2008 passed by the 5th Additional Sessions Judge, Surat in Sessions Case No. 16 of 2006 and as they both have arisen out of the same impugned judgement and order, have been disposed by this common judgment.

1.1 The appellants were tried for offences under Sections 307 , 452, 34 and 188 of the INDIAN PENAL CODE and were convicted and sentenced to simple imprisonment for four years for the offence under Section 307 read with Section 34 of the IPC, simple imprisonment for one year and fine of Rs 500/- (Rupees Five Hundred only) and in default, simple imprisonment for 15 days for the offence under Section 452 read with Section 34 of the IPC and fine of Rs 200/- (Rupees Two Hundred only) and in default, simple imprisonment for 10 days for the offence under Section 188 of the IPC. All the sentences were ordered to run concurrently, with any period of detention to be set

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