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A. Y. KOGJE
Dahyabhai Chhaganbhai Vavel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. conviction based on the judgment of the trial court. (Para 1 , 2) |
| 2. arguments regarding reliance on ineffectual evidence. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. prosecution's reliance on eye witness evidence. (Para 11 , 12 , 13) |
| 4. incident description leading to the trial court's decision. (Para 14 , 15) |
| 5. witness credibility and evidentiary value established. (Para 18 , 19) |
| 6. scientific evidence supporting eye witness accounts. (Para 20 , 21 , 22 , 23 , 24 , 26 , 27) |
| 7. final judgment and dismissal of the appeal. (Para 28 , 29) |
JUDGMENT :
(A.Y. Kogje, J.)
1. The present appeal is preferred by the convict against the judgment and order dated 15.04.2004 in Sessions Case No.160 of 1990 by the Presiding Judge of Fast Track Court, District: Kheda at Nadiad.
By the aforesaid judgment and order, the appellant came to be convicted for offence under Section 307 of the IPC and sentenced to rigorous imprisonment of 5 years and fine of Rs.200/-.
2. At the outset, learned advocate for the appellant has submitted that after the conviction recorded, the appellant was enlarged on bail by this Court by an order dated 21.09.2005 in Criminal Misc. Application No.9538 of 2005 and pen
The conviction for attempted murder was upheld based on reliable witness testimony and corroborative forensic evidence, establishing the prosecution's case beyond reasonable doubt.
Eyewitness testimony and dying declarations of the victim were sufficient to establish guilt in a murder case, despite the absence of established motive.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
The court established that a lack of premeditation and the presence of provocation can reduce a murder charge to culpable homicide not amounting to murder.
Prosecution must prove charges beyond a reasonable doubt; insufficient evidence and unreliable testimonies can lead to acquittal.
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