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VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Ragunath Viramji Marwadi – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 30.06.1994 passed by the learned Additional City Sessions Judge, Court No.20, Ahmedabad (hereinafter be referred to as “the Trial Court) in Sessions Case No.295 of 1989, whereby the accused – respondents herein came to be acquitted from the charge of the offences punishable under Sections 143, 147, 148, 149 r/w. Section 307 of the Indian Penal Code (for short “the IPC”) and under Section 135(1) r/w. Section 120 of Bombay Police Act, the appellant – State of Gujarat has preferred present criminal appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short “the Code”).
2. Briefly stated that on 02.09.1987 at about 1.15 p.m. in the open place near Samteshwar Temple situated Near Law Garden, Ahmedabad, the accused along with other persons formed unlawful assembly with a common object to kill Mohanji Ganeshji, the complainant and further common object of the above assembly, accused Nos.1 and 2 were armed with iron pipes, accused Bhavarlal Ragunath,
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
The appellate court upheld the presumption of innocence and confirmed the acquittal, stating the prosecution failed to prove charges beyond reasonable doubt.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
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 after an acquittal and may only intervene if the trial court's decision is perverse or unsupported by credible evidence, emphasizing the h....
The principle of double presumption in favor of the accused and the requirement to prove charges beyond reasonable doubt.
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