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A. S. SUPEHIA, M. R. MENGDEY
Diluben Jashwantsinh Zala – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. conviction based on prosecution evidence (Para 1 , 2 , 3 , 4) |
| 2. defense argues lack of evidence (Para 5 , 6) |
| 3. analysis of witness reliability and evidence (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. assessment of provable guilt beyond reasonable doubt (Para 15 , 16 , 17 , 18 , 19) |
| 5. court's order quashing conviction (Para 20) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. In the present appeals filed under Section 374 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.”), the appellants have assailed the judgement and order dated 31.08.2019 passed by learned 2nd Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.97 of 2017.
2. Learned 2nd Additional Sessions Judge, Kheda at Nadiad has convicted accused Nos.2, 3 and 4 for the offences punishable under Sections 302 and 114 of the INDIAN PENAL CODE , 1860 (IPC) and acquitted the accused No.1 from all the charges.
FACTS:
3. After completion of the investigation, charge-sheet was submitted before the learned Judicial Magistrate, First Class, Kapadwanj but since the offence under Section 302 of the IPC is exclusively triable by the Sessions Court, the lower Court committed the case to
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
The main legal point established in the judgment is the need for reliability and consistency in witness testimonies and evidence presented by the prosecution to establish guilt beyond reasonable doub....
Omissions in the statements of prosecution witnesses to the investigating officer, which are significant and relevant to the case, can amount to material contradictions that affect the credibility of....
The prosecution failed to prove beyond a reasonable doubt that the appellants caused the victim's death, leading to their acquittal.
The prosecution must establish the accused's guilt beyond reasonable doubt, and the evidence of eyewitnesses must be reliable and consistent to prove the accused's complicity in the offence.
Peritonitis as defined in medical dictionary is as under: “inflammation of the peritoneum, typically caused by bacterial infection either via the blood or after rupture of an abdominal organ”.
(1) Minor discrepancies should not be given undue importance that don’t go to root of matter. Such contradictions are not material contradictions and evidence of such witnesses cannot be brushed asid....
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