ILESH J. VORA, S. V. PINTO
Dilipji Varsangji Thakor (Chauhan) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(ILESH J. VORA, J.)
1. The present appeal is filed by the appellant – original accused no. 1 under Section 374 of Code of Criminal Procedure, 1973 (old) (‘Cr.P.C.’, in short) against the judgment and order of conviction and sentence dated 26.12.2013 passed by the learned Additional Sessions Judge, Banaskantha- Palanpur in Sessions Case no. 3 of 2013, wherein, the appellant came to be tried for offence punishable under Section 302 read with Section 114 of the Indian Penal Code, 1860 (‘IPC’, for short).
2. At the end of the trial, the appellant came to be convicted under Section 302 of IPC and was sentenced to life imprisonment with fine of Rs.500/- and in default of payment of fine to suffer further simple imprisonment of fifteen days.
3. Brief facts which are necessary to dispose of the present appeal are in nutshell as under:
3.1 The appellant Dilipsinh Thakore – accused no.1 in this appeal has challenged his conviction and sentence for the murder of Naranji Chauhan, resident of Village Moti Bamodra, Tal.: Danta, Dist.: Palanpur.
3.2 According to the prosecution version, on 02.11.2012, at about 01:00 p.m., deceased Naranji Chauhan was restrained by the appellant accused,
Eyewitness testimony from related witnesses can be deemed credible and sufficient for conviction, even in the absence of independent corroboration, provided their accounts are consistent and reliable....
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
The court established that a conviction for murder can be sustained on the basis of circumstantial evidence, provided that the evidence forms a complete chain that leads to the only reasonable conclu....
The conviction under Section 302 IPC was upheld based on credible eyewitness testimony and established common intention among the accused.
Eyewitness testimony can support conviction despite doubts on motive and witness credibility when clear evidence of guilt exists.
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
The court affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.