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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
Ravi @ Kalariyo S/o Mansingbhai Vaghela – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. incident of murder and robbery (Para 1 , 2) |
| 2. details of the prosecution case (Para 3) |
| 3. investigation details (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. submissions by appellants' counsel (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. evaluation of circumstantial evidence (Para 24 , 25) |
| 6. legal principles established (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. judgment and order (Para 33) |
JUDGMENT :
1. Since the facts of the case and issue involved in all the appeals are identical and arise out of the same judgment and therefore, all these appeals are taken up together and are being disposed of by this common judgment.
| Conviction under Section | Sentence of imprisonment | Fine |
| S.452 of IPC | 3 years rigorous imprisonment | Rs.500/-, in default to undergo 3 months rigorous imprisonment |
| S.397 read with S.120-B of IPC | 7 years rigorous imprisonment | Rs.2000/-, in default to undergo 1 year rigorous imprisonment |
| S.302 read with S.120-B of IPC | Rigorous imprisonment for life | Rs.4000/- |
| S.135 of G.P. Act | 3 months imprisonment | - |
3.1 The appellants accused namely – Rajesh Kachchhi, Ravi Vaghela, Dinesh Marwadi along with deceased accused Dinesh Makwana came to be tried for the offence
Circumstantial evidence must form an unbroken chain pointing solely to the guilt of the accused; confessions made in police custody are inadmissible unless they lead to the discovery of facts.
Circumstantial evidence murder conviction cannot rest on solitary unproven recovery of stolen property without complete chain; accused's probable explanation on preponderance of probability entitles ....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt to secure a conviction.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt, with the prosecution bearing the burden of proof.
Circumstantial evidence must establish a complete and unbroken chain pointing to the guilt of the accused, with no plausible alternative explanations.
In criminal cases based on circumstantial evidence, the prosecution must prove guilt beyond reasonable doubt, and any reasonable doubt must benefit the accused.
In cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances and a motive for the crime to secure a conviction.
The principle that circumstantial evidence must form a complete chain leading to the guilt of the accused, with no reasonable doubt remaining, was emphasized, highlighting the necessity for the prose....
The necessity for the prosecution to prove guilt beyond reasonable doubt in cases relying on circumstantial evidence, and the importance of establishing a clear connection between the accused and the....
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