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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Patel Dharmendrakumar Narayanbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. The present appellant was the accused No.1 of the trial proceedings before the Special Atrocity Court, Mehsana in Special Atrocity Case No.5 of 2007. The trial was under Sections 324 , 323 and 114 of the INDIAN PENAL CODE (for short “IPC”) and Section 135 of the BOMBAY POLICE ACT (for short ‘B.P. Act’), and even under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”). The learned Sessions Judge convicted both the accused under Sections 324 read with Section 114 of IPC and sentenced them with simple imprisonment of six months.
2. The facts of the case, as could be gathered from the record states that on 02.10.2006, on the day of Dashera festival, the complainant - Ajaykumar Kanubhai Chauhan had gone to see ‘Garba’ at 00.30 hours at mid-night, and when he came at Vankarvas, at that time, the present appellant caught hold of him and co-accused – Thakor Ramanji @ Ramalo Sartanji caused injury on his head by inflicting a Dhariya (sickle) blow. It is also the case of the prosecution that two other persons inflicted kick and fist blows. All the accused persons insulted the complainant
The prosecution must provide reliable eyewitness testimony corroborated by objective evidence to sustain a conviction under the Atrocities Act; otherwise, reasonable doubts favor the accused.
The prosecution must substantiate allegations of caste-based abuse with credible evidence, and delays in complaint filing can undermine the case's integrity.
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 upheld the conviction for murder, emphasizing that the evidence of the injured eyewitness was credible and corroborated by medical findings, establishing intent to kill.
The main legal point established in the judgment is the reliance on medical evidence, witness testimonies, and the circumstances of the case to determine guilt, as well as the consideration of the na....
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
Section 134 of the Indian Evidence Act provides that no particular number of witnesses shall in any case be required for the proof of any fact and, therefore, it is permissible for a court to record ....
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