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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, S.V. PINTO, JJ
Shivshankar @ Shankar Jogeshwar Khokha Yadav – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
S.V. PINTO, J.
1. These appeals have been filed by the appellants - original accused under Section 374 of the Code of Criminal Procedure against the judgement and order dated 22.08.2017 passed by the learned 5th Additional Sessions Judge, Ankleshwar (hereinafter referred to as the "learned Trial Court") in Sessions Case No. 89 of 2013. The appeals have arisen out of the same impugned judgement and order and hence, are disposed of by this common judgement.
The appellants are referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts necessary to decide the appeal are in a nutshell as under:
2.1 As per the case of the prosecution on 04.02.2012 at 20:15 hours, the deceased Kanubhai Motibhai Padhiyar was going on his Bajaj Discovery motorcycle No. GJ-16-AE-7596 with his wife Kailashben, daughter Nikitaben and son Darshan from Petrofils Colony, Ankleshwar and while they reached Centre Point, all the accused with the intention of committing a robbery were armed with a wooden handle of a spade, halted their motorcycle and tried to rob the motorcycle. Kanubhai Motibhai Padhiyar did not give the
The court affirmed robbery convictions but acquitted on murder due to insufficient evidence of intent to kill, emphasizing the reliability of eyewitness testimony when properly scrutinized.
The court upheld the conviction for robbery while acquitting the accused of murder due to insufficient evidence of intent, affirming the reliability of testimony from related witnesses.
In a criminal case, the prosecution must prove guilt beyond a reasonable doubt; failure to establish clear evidence or motive results in acquittal.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The prosecution failed to establish the guilt of the accused beyond reasonable doubt, lacking sufficient evidence to prove motive or a complete chain of circumstantial evidence.
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