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RAJESH BINDAL, VIPUL M. PANCHOLI
Jemaben – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. The present appeal has been directed against the final order dated 21.07.2016 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 539 of 2006, by which the High Court has allowed the appeal filed by the State of Gujarat qua the present appellant/accused, and thereby, partly set aside the judgment dated 19.11.2005 rendered by the Additional Sessions Judge and Presiding Officer, 6th Fast Track Court, Banaskantha, at Deesa in Sessions Case Number 40 of 2005. Thus, the High Court convicted the appellant/accused for committing the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”) and sentenced with imprisonment for life and a fine of Rs. 10,000/- and in default to further undergo simple imprisonment of one month.
2. The brief facts of the present case are as under:
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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