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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
Mahendrasinh Prithvisinh Vaghela – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. This conviction appeal is filed by the appellant – sole accused – Mahendrasinh Vaghela, against the judgment of conviction and order of sentence dated 25.02.2014, passed by the learned Additional Sessions Judge, Banaskantha-Palanpur in Sessions Case no. 7 of 2013, wherein, the appellant came to be tried for offence punishable under Section 302 of the Indian Penal Code, 1860 (‘IPC’ for short).
2. The case of the prosecution leading to conviction of the appellant – accused is as follows:-
2.1 The appellant accused Mahendrasinh Vaghela and deceased Vijaysinh were real brothers and residing in the same village namely Bhanpur, Tal.: Hadad, Dist.: Banaskantha. The deceased Vijaysinh was residing with his family along with his parents independently. Both the brothers doing farming works in their respective fields. The relations of both of them were not cordial. It is in these background facts, on 15.11.2012 at about 6-00 PM, the appellant accused elder brother of the deceased, killed the deceased Vijaysinh, inflicting several blows of axe on his head of the deceased. According to prosecution case, the farm labourer PW-5 – Dharmabhai Shaklabhai was the sole eye-
A single eyewitness can suffice for conviction if credible, and extra-judicial confessions can be valid evidence if trustworthy.
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....
The court relied on circumstantial evidence, the credibility of witnesses, and the nature of the injuries to establish the guilt of the accused under IPC 302.
The defendant's conviction for murder was overturned due to unreliable eyewitness accounts and the prosecution's failure to examine the investigating officer, raising reasonable doubt.
The court affirmed a conviction under Section 302 IPC, emphasizing reliance on eyewitness testimony and the sufficiency of direct evidence over the need for motive in murder cases.
The court established that a conviction for murder can be sustained on the basis of circumstantial evidence, provided that the evidence forms a complete chain that leads to the only reasonable conclu....
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
The court emphasized that direct and circumstantial evidence can establish guilt beyond a reasonable doubt, particularly when eyewitness accounts, along with credible medical evidence, corroborate th....
The court ruled that eyewitness evidence, despite familial bias, may be credible; thus, a conviction under Section 304(i) IPC was appropriate, reflecting mitigating circumstances and reevaluating the....
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