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DIVYESH A. JOSHI
RAVAT GOVINDBHAI AHIR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. The present appeal is filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.” for short) challenging the judgment and order of conviction dated 26.07.2004 passed by the learned 2nd Fast Track Judge, Gondal, District Rajkot in Sessions Case No. 4 of 1997, whereby, the appellant has been convicted for the offences under Section 307 of the Indian Penal Code (hereinafter referred to as “IPC” for short) and thereby, sentenced him to undergo five years rigorous imprisonment and fine of Rs.5,000/- in default, to undergo one year rigorous imprisonment.
2. The brief facts leading to filing of the present appeal are as under:
The court modified the appellant's sentence from five years to two years for attempt to murder, finding no premeditation and establishing the act as one of sudden provocation.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
Murder conviction quashed for lack of proof that specific appellants inflicted fatal blow; eyewitness contradictions, medical evidence allowing death by fall, parity with acquitted co-accused, and un....
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
The intent to commit murder must be proven beyond reasonable doubt, and in this case, it was established that the act fell under grievous hurt.
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