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GUJARAT HIGH COURT
K.S. Jhaveri, K.J. Thaker, JJ
SARFARAZ @ DADU HABIBULLA SHAIKH – Appellant
Versus
THE STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. factual background of multiple appeals (Para 1 , 2) |
| 2. disputes over trial court's judgment (Para 6 , 7) |
| 3. evidential discussion and trial court findings (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. judicial interpretation of culpable homicide vs. murder (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. final ruling and modifications to the trial judgment (Para 24 , 25 , 26 , 27 , 28 , 29) |
JUDGEMENT
(PER : HONOURABLE MR.JUSTICE K.J.THAKER)
1. The appellant-ori. Accused no.1 has preferred Criminal Appeal No. 1907/2006, the appellant-ori. Accused no. 9 has preferred Criminal Appeal No. 1922/2006, the appellants – original accused no. 3,4 & 5 have preferred Criminal Appeal No. 1923/2006 and appellant – original accused no. 8 has preferred Criminal Appeal No. 1926/2006 under sec. 374(2) of the Code of Criminal Procedure , against the judgment and order of conviction and sentence dated 13.9.2006 passed by the learned Presiding Officer, Addl. Sessions Judge 3rd Fast Track Court, Nadiad in Sessions Case No. 89/2003 and 53/2004, whereby, the learned trial Judge has convicted the appellants- ori. Accused No. 1,3,4,5,8 & 9 under sec. 302 read with section 34 of IPC and sentenced them to undergo
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