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BIREN VAISHNAV, MAULIK J. SHELAT
State Of Gujarat – Appellant
Versus
Patel Ramnik Devshissbhai – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Appeal has been filed by the Appellant State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) against the Judgment and Order of acquittal passed by the Ld.Additional Sessions Judge, Bhavnagar (hereinafter referred to as “the Trial Court”) in Sessions Case No.23 of 1994 on 22.07.1997. By the judgement and order under challenge, the Trial Court has acquitted the respondents - accused for the offences punishable under Sections 498 (A), 302, 304 (B), 201, 213 and 34 of Indian Penal Code (“IPC” for short) and Sections 3 & 4 Of Dowry Prohibition Act.
1.1 Pending the appeal, the respondents no. 2 & 3 have died and their death certificates have been placed on record by the learned counsel for the respondents. Accordingly as far as respondents no. 2 and 3 are concerned, the appeal stands abated.
2. The brief case of the first informant as alleged in the First Information Report which had ultimately given rise to the present appeal are as follows:
2.1 It is the case of the prosecution that on 07.07.1993, one Vimuben was killed by the accused persons by way of severe beating and by strangulation. The said fact was kn
The appellate court must uphold a trial court's acquittal unless it is proven to be perverse or unsustainable, emphasizing the presumption of innocence.
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 ....
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt in criminal cases.
The appellate court upheld the acquittal, emphasizing the necessity of proving guilt beyond a reasonable doubt and respecting the presumption of innocence.
The appellate court upheld the acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.
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 appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence for conviction and the presumption of innocence in criminal cases.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt, reaffirming that if two reasonable conclusions are possible, the one ....
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