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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Thakor Chanduji Manaji – Respondent
| Table of Content |
|---|
| 1. incident details and fir (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. prosecution's argument on acquittal (Para 10) |
| 3. defense's argument on conviction (Para 11 , 12 , 13) |
| 4. court's consideration of evidence (Para 14 , 15 , 16) |
JUDGMENT :
1. These three appeals have been filed against the judgment and order dated 06.01.2012 passed by the learned Special Judge, (Atrocity), Mehsana (hereinafter be referred to as “the Trial Court”) in Special Atrocity Case No.10 of 2011 whereby the Trial Court has convicted the original accused No.1 - Thakor Lalji @ Lalo Chaturji and imposed sentence to undergo simple imprisonment of five years and to pay fine of Rs.10,000/- and in default of payment of fine, to undergo further simple imprisonment of six months for the offence under Section 307 of the Indian Penal Code (hereinafter be referred to as “the IPC”) and also imposed sentence to undergo simple imprisonment of six months and to pay fine of Rs.5,000/- and in default of payment of fine, to undergo three months imprisonment for the offence under Section 3(1)(x) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as “the Atrocity
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
The court clarified that for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
The intent to commit murder must be proven beyond reasonable doubt, and in this case, it was established that the act fell under grievous hurt.
For convictions under SC/ST Act, incidents must occur in public view; however, discrepancies in witness accounts do not negate credible evidence of assault leading to murder.
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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