Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 69

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ASHUTOSH SHASTRI, SANDEEP N. BHATT, JJ.
Pravinsinh Bavubha Zala – Appellant
Versus
State Of Gujarat – Respondent
Criminal Misc.Application (FOR SUSPENSION OF SENTENCE) NO. 5 of 2021 In R/CRIMINAL APPEAL NO. 1472 of 2019 With R/CRIMINAL APPEAL NO. 1276 of 2019 With R/CRIMINAL APPEAL NO. 1343 of 2019 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2023 In R/CRIMINAL APPEAL NO. 1492 of 2019 With CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 2 of 2019 In R/CRIMINAL APPEAL NO. 1920 of 2019
Decided on : 09-01-2024

Advocates:
Advocate Appeared:
For the Appellant :MR G RAMAKRISHNAN, MR.B.B.NAIK, SENIOR ADVOCATE WITH MR.S M KIKANI, MR.K.B.ANANDJIWALA, SENIOR ADVOCATE WITH MR YASH K DAVE, MR SAURIN A SHAH, MR.J.M.PANCHAL, SENIOR ADVOCATE WITH MR PY DIVYESHVAR
For the Respondent: MR SAURIN A SHAH, MR.MITESH AMIN, MR.BHARGAV PANDYA

The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions for custodial violence resulting in death.

Headnote:(A) Indian Penal Code - Sections 302, 323, 506(1) read with Sections 34 and 114 - Criminal Procedure Code - Section 235(2) - Conviction for murder leading to life imprisonment and fine assessed on multiple counts - Acquittal of some accused upheld - Sanction under Section 197 not necessary as actions not connected to duty - Medical evidence and eyewitness accounts corroborated brutality inflicted by police, leading to death of individual from renal failure. (Paras 1, 2, 16, 21)

(B) Due process and fair trial emphasis - Eyewitness testimony holds primacy in establishing facts over medical documentation - Legal standards for sanctioning police officers reiterated, establishing distinction in actions taken while on duty versus personal vendetta. (Paras 2, 22, 23)

(C) The evidentiary weight afforded to testimony supporting physical hardship suffered by victims, particularly under police custody, upheld. (Paras 21, 22)

(D) Inherent credibility of eyewitnesses reaffirmed in absence of motive to fabricate testimony against police officers. (Paras 21, 22)

Result: Appeals dismissed; convictions upheld.

JUDGMENT :

ASHUTOSH SHASTRI, J.

[1] These set of appeals are arising out of the judgment and order of conviction and sentence dated 20.06.2019 passed by the learned Sessions Judge, District - Jamnagar in Sessions Case No.148 of 2016.

[1.2] To be precise, the operative part of the impugned judgment and order are reproduced hereunder:-

Both these accused are sentenced to undergo life imprisonment and fine of Rs.10,000/- (in words rupees ten thousands) each, for the offences punishable under section 302 read with sections 34 and 114 of the INDIAN PENAL CODE and in default of payment of fine, to undergo simple imprisonment for further period of one year. Both these accused are sentenced to undergo rigorous imprisonment for one year and fine of Rs.5,000/- (in words rupees five thousands) each, for the offences punishable under section 323 read with sections 34 and 114 of the INDIAN PENAL CODE and in default of payment of fine, to undergo simple imprisonment for further period of three months.

Both these accused are sentenced to undergo rigorous imprisonment for two years and fine of Rs.5,000/- (in words rupees five thousands) each, for the offences punishable under section 506 (1) read with sections 34 and 114 of the INDIAN PENAL CODE and in default of payment of fine, to undergo simple imprisonment for further period of three months.

(2) As per section 235 (2) of the CRIMINAL PROCEDURE CODE , accused No.2 Dipakkumar Bhagwandas Shah, residing at Rajkot, accused No.3 Shaileshkumar Labhshankar Pandya, residing at Ahmedabad, accused No.5 Pravinshinh Jorubha Jadeja, residing at Jamnagar, accused No.6 Anopsinh Mohabbatsinh Jethva, residing at Limbdi and accused No.7 Keshubha Dolubha Jadeja, residing at Surendranagar are convicted for the offences punishable under section 323, 506 (1) read with section 34 and 114 of the INDIAN PENAL CODE .

Each accused in this case is sentenced to undergo rigorous imprisonment for one year and fine of Rs.5,000/- (in words rupees five thousands), for the offences punishable under section 323 read with sections 34 and 114 of the INDIAN PENAL CODE and in default of payment of fine, to undergo simple imprisonment for further period of three months.

Each accused in this case is convicted for the offences punishable under section 506 (1) read with sections 34 and 114 of the INDIAN PENAL CODE is sentenced to undergo rigorous imprisonment for two years and fine of Rs.5,000/- (in words rupees five thousands). In default of payment of fine, the accused shall further undergo simple imprisonment for three months.

(3) As per Section 235(1) of the CRIMINAL PROCEDURE CODE , the accused no. 2, 3, 5, 6 and 7 are acquitted and released from the offence punishable U/s 302 r/w Section 34 and 114 of the INDIAN PENAL CODE .

(4) The sentences imposed on the accused persons for the above offences shall run concurrently.

(5) As per the Victim Compensation Scheme U/s 357(a) of the CRIMINAL PROCEDURE CODE , it is ordered to pay compensation as per rules to the widow of deceased Prabhudasbhai Madhavjibhai Vaishnani and for the purpose of compliance to this order, a copy of the final order be sent to District Legal Services Authority, Jamnagar.

(6) As the accused persons of the case have been convicted, certified copy of this order be provided to each of the accused free of cost.

(7) The muddamal produced in this case be destroyed at the end of appeal period as per the provisions of the Criminal Manual.

(8) As the accused nos. 2, 3, 5, 6 and 7 have been acquitted from the offence punishable U/s 302 r/w section 34 and 114 of the INDIAN PENAL CODE , in case appeal is filed before the Honourable High Court to