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GUJARAT HIGH COURT
BHASKAR BHATTACHYA, CJ, J.B.PARDIWALA, J
DENI @ LALO VIKRAMSINH PUNAMSINH KHANT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners:MR ASHISH M DAGLI, ADVOCATE, MR YOGESH LAKHANI, SR. COUNSEL, MR PRAVIN GONDALIYA, ADVOCATE
For the Respondents: MS. MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments from appellants and state (Para 9 , 11)
3. court's observations on evidence and credibility (Para 12 , 15 , 20 , 24 , 29 , 30)
4. legal reasoning regarding adverse inference (Para 16 , 17 , 22)
5. final conclusions and orders (Para 44 , 50 , 52)

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) This appeal is at the instance of convict, accused- appellants of the offence punishable under Sections 302 , 323 and 504, read with Section 34 of the Indian Penal Code , and is directed against an order of conviction and sentence dated 31st July, 2007, passed by the learned Additional Sessions Judge, 7th Fast Track Court, Sabarkantha at Modassa, in Sessions Case No.76 of 2007. By the aforesaid order, the learned Additional Sessions Judge found the appellants guilty of the offence under Section 302 , read with Section 34 of the Indian Penal Code , and consequently, sentenced them to suffer life imprisonment and to pay a fine of Rs. 1,000/-. In default of payment of fine, the appellants were directed to undergo further rigorous imprisonment for six months.

The learned Additional Sessions Judge also fo


















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