Back
M. R. MENGDEY, A. Y. KOGJE
State of Gujarat – Appellant
Versus
Lalabhai Savabhai Koli – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. The present appeal is preferred by the State against the judgment and order of acquittal dated 27.12.1995 passed in Sessions Case No.20 of 1993 by the Additional Sessions Judge, Amreli. By the impugned judgment and order, the respondent-accused were acquitted of the offences under Sections 302, 323, 324 & 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.
2. The offence arose out of an FIR registered in connection with an incident which apparently occurred on account of the alleged assault by the respondent-accused on account of dispute of removal of garbage.
3. It appears that the FIR came to be registered in connection with an incident dated 03.12.1992, wherein it is alleged that 6(six) persons were assaulted by using farm instrument (Khampali) & sticks of which the respondent-accused Lalabhai Savabhai Koli was attributed with Khapli and assault on the deceased – Rajiben. It would be pertinent to note that said Lalabhai Savabhai Koli has expired pending the appeal and accordingly, vide order dated 29.09.2022, the appeal qua him had abated. Apart from Lalabhai Savabhai Koli, 3 (Three) other accused were attributed with sticks and had
The need for consistent and credible witness testimonies to establish guilt, and the limited scope of interference by the appellate court in case of acquittal.
The judgment emphasizes the principles regarding the powers of the Appellate Court in dealing with appeals against acquittals, including the double presumption in favor of the accused and the require....
Conviction for homicide upheld based on credible eyewitness testimony; acquitted parties lacked sufficient evidence of participation in crime.
The main legal point established in the judgment is the reliance on consistent testimony of interested witnesses, corroboration of eyewitness accounts by medical evidence, and evaluation of the accus....
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
Failure on the part of the prosecution to explain or disclose the genesis of the offence is also an additional factor which renders the prosecution story a bit doubtful.
The appellate court upheld the presumption of innocence, emphasizing the need for credible evidence linking the accused to the crime, ultimately dismissing the appeal against acquittal.
The central legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt, the duty of the Investigating Officer to gather crucial evidence, and the need for corro....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
