LAWS(GJH)-2011-3-41

NATHABHAI JAYTABHAI DHAKHDA Vs. STATE OF GUJARAT

Decided On March 10, 2011
Nathabhai Jaytabhai Dhakhda And Ors Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal arises out of judgment and order passed by learned Additional Sessions Judge, Amreli in Sessions Case No.3 of 2003 whereby the appellants were convicted under Section 302 read with Section 34 of Indian Penal Code and Section Section 324 read with Section 34 of Indian Penal Code and were sentenced for life imprisonment and R.I. for one year respectively, by judgment and order dated 18.6.2003.

(2.) The facts giving rise to this appeal are that the appellant No.1 and deceased Hirkuben were husband and wife and the first informant is father -in -law of appellant - accused No.1 Nathabhai Jaytabhai Dhakhda and original appellants No.2 and appellant No.3 are close relatives of appellant No.1 as well as the first informant.

(3.) It may be noted that appellant No.2 was reported dead and therefore this Court vide order dated 18.10.2010 recording the said fact has passed an order that the appeal qua original appellant No. 2 Madhubhai Nankabhai Kathi shall stand abate and therefore the present appeal is continued qua appellant No.1 and appellant No.3.