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State Of Gujarat – Appellant
Versus
Thakore Chamanji Motiji – Respondent
JUDGMENT :
RAJENDRA M.SAREEN, J.
1. Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 05/07/1994 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.119 of 1993 acquitting the respondent Nos.1 to 4 - original accused Nos.1 to 4 from the offence punishable under sections 302, 34, 326 and 324 of Indian Penal Code.
2. Facts of the case, in brief, are as under:-
The complainant - Sababhai Hahabhai Thakor is residing at Biyok, Taluka Vav. His elder brother is residing in the field and oil engine for pumping water is put in the partnership with one Thakor. One the day of incident when he returned from the field, the accused met on the road and due to personal enmity, accused No.1 Chamanji inflicted Dhariya blow on the head of the deceased, accused No.2 - Dehlaji inflicted Dhariya blow on the left hand fingers of the deceased and accused No.3 - Bhuptaji inflicted an axe blow on the right hand of the deceased and accused No.4 - Isaji inflicted injury with stick on left hand and left leg of the deceased. The informant alleged that he a
The presumption of innocence and the requirement for clear evidence of guilt are central legal principles established in the judgment.
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
An appellate court must respect the presumption of innocence and can only overturn an acquittal if the trial court's reasoning is perverse or unsupported by the evidence.
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
The judgment underscores the principle of presumption of innocence, the requirement for clear and convincing evidence to establish guilt, and the reluctance to disturb a finding of acquittal without ....
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