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ARAVIND KUMAR, PRASANNA B. VARALE
Mitesh @ T. V. Vaghela – Appellant
Versus
State of Gujarat – Respondent
What is the impact of a truthful and voluntary dying declaration as sole basis of conviction without corroboration? What is the principle regarding the sufficiency of a single reliable witness versus multiple witnesses in a criminal conviction?
Key Points: - The judgment holds that a truthful and voluntary dying declaration can form the sole basis of conviction without corroboration. (!) - It emphasizes that quality of evidence, not quantity, determines sufficiency; a solitary reliable witness can sustain a conviction. (!) (!) - It reaffirms that motive and mens rea can be established primarily through the complainant’s testimony, and proximity in time supports mens rea. (!) - It discusses the credibility and reliability of PW-1 (complainant) and PW-12 (eye-witness) as pivotal to establishing the overt act and guilt. (!) (!) (!) - It upholds conviction based on cumulative appraisal of evidence, including dying declaration, ocular testimony, and circumstantial/contextual evidence. (!) (!) (!) - It clarifies that even with many hostile witnesses, conviction can stand if the remaining credible evidence supports it. (!) (!) - It grants liberty to the appellant to seek remission after substantial sentence and directs expeditious consideration of such application.
JUDGMENT :
ARAVIND KUMAR J.
1. The Appellant, a sole accused in a case of Murder is before this Court challenging the dismissal of his Criminal Appeal bearing Criminal Appeal No. 1129 of 2000 by High Court of Gujarat, at Ahmedabad1[Hereinafter referred to as the ‘High Court’.], wherein his challenge to the Judgment of Conviction and Sentence dated 18.10.2000 passed by the Additional City Sessions Court No. 8, Ahmedabad2[Hereinafter referred to as the ‘Sessions Court’ or ‘Trial Court’] in Sessions Case No. 158 of 1999, came to be dismissed. The conviction and sentence imposed upon the accused by the learned Sessions Court are as under:
| Section | Sentence |
| Section 302 of the Indian Penal Code (for short, “IPC”) | Imprisonment for life and a fine of Rs. 500/-; in default of payment of fine, to undergo further rigorous imprisonment for one month for the offence of murder. |
| Section 135 of the Bombay Police Act | Rigorous imprisonment for ten days and a fine of Rs. 250/-; in default of payment of fine, to undergo further imprisonment |
2. The case of the prosecution, in brief, is that the complainant, Ishwarbhai Sankabhai Rabari, was resi
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