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2010 Supreme(SC) 1003

ANIL R.DAVE, P.SATHASIVAM
Rameshbhai Mohanbhai Koli – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

P. Sathasivam, J.

1) These appeals are directed against the impugned judgment and final order dated 25.10.2007 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 1422 of 2005 whereby the High Court dismissed the appeal filed by the appellants confirming the order dated 23.08.2004 passed by the trial Court convicting them under Section 302 of the India Penal Code (hereinafter referred to as ‘IPC’) read with Section 34 IPC and also under Section 135 of the Bombay Police Act awarding each of them to undergo rigorous imprisonment (RI) for life and fine of Rs.5,000/-, in default, to further undergo RI for one year for the offences under Section 302 read with Section 34 and also awarded RI for one year and fine of Rs.1,000/-, in default, RI for one month for the offence under Section 135 of the Bombay Police Act.

2) “The case of the prosecution” as unfolded during the course of investigation was:

a) On 16.09.1999, at about 1715 hrs., Prakashbhai Raveshia, (Chairman of Morbi Nagrik Bank, Morbi), the deceased, accompanied with Ashokbhai Laljibhai Kathrani PW 106, Director in the aforesaid Bank came out of the Bank. It is the case of the prosecution that immedi











































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