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A. Y. KOGJE, HASMUKH D. SUTHAR
Akshay Arunkumar Borade – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. background of criminal appeal and convictions. (Para 1 , 2 , 3) |
| 2. challenges to eyewitness testimonies and inconsistencies. (Para 5 , 6) |
| 3. evaluation of witness credibility and evidence. (Para 11 , 12 , 19) |
| 4. insufficiency of evidence against certain accused. (Para 20 , 21 , 26) |
| 5. concluding remarks on conviction and acquittal. (Para 28 , 29 , 30) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. These are the four appeals under Section 374 of the Code of Criminal Procedure against the judgment and order dated 22.08.2019 by the Sessions Judge, Vadodara in Sessions Case No.103 of 2018. By the aforesaid judgment, the appellants were convicted for offences under Sections 302 , 506(2) and 114 of the INDIAN PENAL CODE (for short “IPC”) read with Section 135 of the GUJARAT POLICE ACT .
2. Pursuant to such conviction, all the four appellants have been inflicted with rigorous imprisonment for life and fine of Rs.25,000/- under Section 302 of IPC.
2.1. All the appellants have also been imposed punishment for three years of rigorous imprisonment under Sections 506(2) of IPC and for offence under Section 135 of the GP Act, fine of Rs.100/- is imposed.
3. The incident was
Conviction for murder upheld based on consistent witness testimony, and acquittal appeals require high scrutiny, with previous enmity not negating witness credibility.
(1) Appreciation of evidence – Testimonies of prosecution witnesses, before their acceptance must be tested on established parameters of appreciation of evidence.(2) Appreciation of evidence – Positi....
The court applied exception 4 to Section 300 of the IPC to determine the appropriate charges and convictions based on the nature of injuries and the circumstances of the incident.
The main legal point established in the judgment is the reliance on credible and corroborative evidence, including the testimony of injured witnesses and medical officers, to prove the complicity of ....
Section 162 of the CrPC states as Explanation. - An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be sign....
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
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.
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