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HIGH COURT OF GUJARAT
ILESH J. VORA, S.V. PINTO
Lalabhai Punambhai Beldar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. This conviction appeal is filed by the appellants –original accused nos.2 and 3, against the judgment of conviction and order of sentence dated 03.09.2014, passed by the learned Additional Sessions Judge, Kheda at Nadiad in Sessions Case No.25 of 2013, wherein the appellants came to be tried for the offences punishable under Sections 147, 148, 149, 302, 324, 325, 504, 506(2) of the IPC and Section 135 of the Gujarat Police Act. At the end of the trial, the appellants came to be convicted and sentenced as tabulated hereunder:
| Conviction under Section | Sentence of imprisonment | Fine |
| S.302 of IPC | Life imprisonment | Rs.5000/-, in default to undergo 3 months simple imprisonment |
| S.323 of IPC | 3 months simple imprisonment | Rs.500/- in default to undergo 10 days simple imprisonment |
| S.324 of IPC | 6 months simple imprisonment | Rs.1000/- in default to undergo 30 days simple imprisonment |
| S.325 of IPC | 18 months simple imprisonment | Rs.500/- in default to undergo 30 days simple imprisonment |
The Trial Court ordered the sentences imposed on the appellants to run concurrently.
2. The case of the prosecution leading to conviction of the appellants accused is as follows:
2.1 On 25.11.2012, at abo
The court upheld the conviction for murder, emphasizing that the evidence of the injured eyewitness was credible and corroborated by medical findings, establishing intent to kill.
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
The reliability of the injured eye-witnesses' testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
Murder – Exaggerated devotion to rule of benefit of doubt must not nurture fanciful doubts letting guilty escape is not doing justice, according to law.
Existence of credible eyewitness accounts can uphold conviction despite the absence of independent witnesses, particularly in cases involving known disputes. Intent and specific language for provocat....
The appellants' conviction for murder was altered to culpable homicide not amounting to murder due to lack of intent, despite their involvement in the unlawful assembly and rioting.
The court determined that while the appellants participated in an unlawful assembly leading to death, their intent was not murder, qualifying the offense under culpable homicide not amounting to murd....
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