Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Rameshbhai @ Timpo Chadabhai Chauhan – Respondent
| Table of Content |
|---|
| 1. incident details and background (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. prosecution's argument on evidence (Para 11) |
| 3. defense's argument on acquittal (Para 12) |
| 4. analysis of evidence and testimonies (Para 13 , 14) |
| 5. insufficient evidence for guilt (Para 15) |
| 6. appeal outcome (Para 16) |
JUDGMENT :
ILESH J. VORA, J.
1. This acquittal appeal is preferred by the State of Gujarat against the judgment and order of acquittal dated 08.02.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Nadiad at Kheda in Sessions Case No.45 of 2009, whereby, the original accused Nos. 3 and 4 i.e. respondent Nos. 1 and 2 have been acquitted of the charges under Sections 302, 326, 307, 504 read with Section 34 of the IPC and Section 135 of the Bombay Police Act.
2. All the accused came to be tried for offences punishable under Sections 302, 307, 326, 504 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short) and Section 135 of Bombay Police Act, 1951 (‘B.P. Act’ for short). The trial Court, after appreciation of the evidence, acquitted the accused as per the below table:
| Accused | Acquitted from charge |
| Accused no. 1 – Chadabhai Bhagabha Chauhan | Sections 302 and |
The prosecution must prove guilt beyond reasonable doubt; mere presence at the crime scene does not establish culpability without corroborative evidence.
The court upheld the conviction for culpable homicide under Section 304, Part I, emphasizing the absence of intent to kill and the nature of the incident as a sudden fight.
The judgment emphasizes the principle of presumption of innocence, the need for clear and convincing evidence of guilt, and the reluctance to disturb a finding of acquittal unless there are substanti....
The court upheld the conviction for culpable homicide under Section 304 Part II, emphasizing the absence of intent to kill and the act being committed in the heat of passion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
