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ILESH J. VORA, S. V. PINTO
GUDDU RAJKUMAR SAKHICHAND BHARTI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
S.V. PINTO, J.
1. These appeals have been filed by the appellants-original accused under Section 374 of the Code of Criminal Procedure against the judgment and order dated 22.08.2017 passed by the learned 5th Additional Sessions Judge, Ankleshwar (hereinafter referred to as the “learned Trial Court”) in Sessions Case No. 89 of 2013. The appeals have arisen out of the same impugned judgment and order and hence, are disposed of by this common judgment.
The appellants are referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts necessary to decide the appeal are in a nutshell as under:
The court upheld the conviction for robbery while acquitting the accused of murder due to insufficient evidence of intent, affirming the reliability of testimony from related witnesses.
The court affirmed robbery convictions but acquitted on murder due to insufficient evidence of intent to kill, emphasizing the reliability of eyewitness testimony when properly scrutinized.
In a criminal case, the prosecution must prove guilt beyond a reasonable doubt; failure to establish clear evidence or motive results in acquittal.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The central legal point established in the judgment is the requirement to establish the charge for the commission of an offense beyond all reasonable doubt, emphasizing the importance of credible evi....
The prosecution failed to establish the guilt of the accused beyond reasonable doubt, lacking sufficient evidence to prove motive or a complete chain of circumstantial evidence.
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