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M. M. SUNDRESH, RAJESH BINDAL
Ranvirsinh Kayamsinh Bhadoria – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. charges framed and initial convictions of appellants (Para 1 , 2) |
| 2. arguments related to evidence and doubts regarding convictions (Para 3 , 4 , 5 , 6) |
| 3. court's consideration of reasonable doubt and evidence evaluation (Para 7 , 8 , 9 , 10) |
| 4. final judgment and acquittal of appellants (Para 11 , 12 , 13) |
ORDER
Criminal Appeal No.20 of 2017:
1. The appellants have been arraigned as accused No.1 and accused No.2. Charges had been framed against the appellants for the offences punishable under Sections 364 , 302, 506 Part-II read with Section 34 of the INDIAN PENAL CODE , 1860 (for short, 'the IPC') and Section 135(1) of the BOMBAY POLICE ACT , 1951 (for short, 'the Act, 1951'). The appellants were subsequently convicted only for the offences punishable under Section 302 read with Section 34 of the IPC.
2. The High Court by way of the impugned judgment was pleased to render an order of acquittal against accused Nos.3 to 5. Sunny, another accused died during the pendency of the trial. Accordingly, the appellants who were arraigned as accused No.1 and accused No.2 have been convicted by both the trial Court and High Court.
3. Learned counsel appearing for the appellants w
The court emphasized the necessity of reliable evidence for conviction, ruling that inconsistencies in witness testimonies warranted the benefit of the doubt for the appellant.
(1) Though, motive may pale into insignificance in a case involving eyewitnesses, it may not be so when an accused is implicated based upon circumstantial evidence.(2) Report of Ballistic Expert is a....
The High Court's acquittal was upheld due to contradictions in witness testimonies and issues with the recovery evidence, emphasizing the importance of credible evidence in criminal proceedings.
(1) Court will have to be conscious of witness's credibility and other evidence produced when dealing with a recovery under Section 27 of Evidence Act.(2) To attract Section 149 of IPC, prosecution h....
A conviction under IPC requires reliable evidence and cannot solely rely on weapon recovery or forensic reports when eyewitnesses turn hostile.
Dying declarations must be corroborated by credible evidence; in absence of reliable proof, an acquittal is warranted due to the presumption of innocence.
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