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Gujarat Court May 1953 Judgments

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May 07 1953

Bachubha Vs. Saurashtra State

Court: Gujarat

Decided on: May-07-1953

Reported in: 1953CriLJ1723

Baxi, J.1. This is a petition for a certificate under Article 134(1)(c) of the Constitution of India. The petitioner was convicted by the Sessions Judge, Central Saurashtra Division, of the offence of murder punishable under Section 302, I.P.C. and sentenced to death. The learned Sessions Judge made a reference to this Court for confirmation of the sentence, while the petitioner preferred an appeal against his conviction and sentence. We dismissed the petitioner's appeal and confirmed his sentence of death. The petitioner now applies for a certificate that the case is a fit one for appeal to the Supreme Court.2. The facts upon which the petitioner has been convicted are shortly as follows. On 10.11.1951 the petitioner, who belongs to Navania in the Jalawad District, came to the Vada (a small open plot) of the deceased Ranmal, situated a little to the west of the village Ridad in Central Saurashtra District, after sunset from the direction of the adjoining vadi of Ramji Bacher. Ranmal a...


May 02 1953

K.S. Nirmalkumarsinhji Vs. Saurashtra State

Court: Gujarat

Decided on: May-02-1953

Reported in: 1953CriLJ1531

Shah, C.J.1. This is an application for a certificate under Article 134(1)(c) of the Constitution of India. The petitioner, who was accused in the case, was tried along with five others, for offences of dacoity and grievous hurt under Sections 395 and 326, Penal Code, and was convicted by the Additional Sessions judge, Gondal, and on appeal the conviction of the petitioner and accused 2, 3 and 6 was confirmed, while accused 4 and 5 were acquitted by this Court. All the accused were also charged under Section 19(e), Arms Act, but en this charge they were acquitted by the Additional Sessions Judge himself. The petitioner now wants a certificate that his case is a fit one for appeal to the Supreme Court.2. The facts necessary for appreciating the points urged in support of this application briefly stated are that accused 1 and the remaining accused and the deceased dacoit Devayat had, on 9.1.1952, planned a dacoity to be committed at Rib, a village about 13 to 14 miles from Rajkot, and th...


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