Back
A. Y. KOGJE, SAMIR J. DAVE
State Of Gujarat – Appellant
Versus
Ishwarbhai Keshabhai Bhoi – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE SAMIR J. DAVE)
1. This Appeal is filed under Section 378(1)(3) of the Code of Criminal Procedure against the judgment and order dated 29.11.2003 passed by the learned Additional Sessions Judge, Sabarkantha in Sessions Case No.97 of 2000. By the impugned judgment and order, the respondents-original accused were acquitted of the offence under Section 302, 504, 114 of Indian Penal Code.
2. The facts of the prosecution case in brief are as under:
2.1 The complainant, who is the brother of the deceased, filed complaint against the present opponents declaring that the brother of the complainant deceased Sudhirbhai married at Ubhran village, and the name of his wife was Rekhaben and after marriage they both were residing separately as per insistence of wife of deceased brother of the complainant and thereafter, for some reasons, wife of his deceased brother had gone to her parental home and later on, his deceased brother had gone to take back her wife at Modasa and took his wife at Medhasan to the house of brother in law of his deceased brother namely Ishvarbhai but this Ishvarbhai had sent back wife of his deceased brother to Ubharan means her parenta
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the prosecution's burden to prove guilt beyond reasonable doubt.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
An appellate court should not overturn an acquittal unless there is compelling evidence, respecting the presumption of innocence and the trial court's findings.
The appellate court must respect the presumption of innocence and the trial court's findings unless there is a clear error or misreading of evidence.
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
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 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 ....
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
