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VIPUL M. PANCHOLI, SANDEEP N. BHATT
Rahul @ Bablu @ Babu Sureshbhai Nagardas Panchal – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Sandeep N. Bhatt, J.
1. Feeling aggrieved and dissatisfied with the judgment and order of conviction dated 19.06.2013 passed by the learned 2nd Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.47 of 2011 for the offence under sections 302 and 34 of the Indian Penal Code, 1860, the appellant - accused has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 ("the Code" for short), whereby the appellant - accused is convicted for the offence punishable under Section 302 of the Indian Penal Code and is ordered to undergo life imprisonment and fine of Rs. 5,000/-, and in default of fine, is ordered to undergo further six months rigorous imprisonment.
2. The case of the prosecution is that, on 07.12.2010 at about 22:30 hours, when the complainant was watering the wheat crop in the field of Jayantibhai Bhathibhai Zala, at that time, one Suresh, who happens to be the nephew of Vebaben Fatesinh Zala, came and told that there was a phone call from home and therefore, the complainant returned towards his house from there. On the way, the people, who gathered at Hanuman Temple, informed that one dead body of male is lying near the field of B
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
Prosecution must prove the entire chain of circumstantial evidence beyond reasonable doubt, failing which conviction cannot be sustained.
Circumstantial evidence requires complete chain excluding innocence; long time gap invalidates last seen theory without ruling out third-party intervention; open-place recoveries lack credibility; un....
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