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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, SANDEEP N.BHATT
Hussain Ishaq Masalawala – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
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| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
JUDGMENT :
ILESH J. VORA, J.
Since this matter is heard by this Bench earlier finally and kept for orders today, the same is disposed of by the following judgment.
1. Feeling aggrieved and dissatisfied with the judgment and order of conviction dated 18.06.2015 passed by the learned 11th Additional Sessions Judge, Surat in Sessions Case No.25 of 2006 for the offences under Section 302 of INDIAN PENAL CODE , 1860, the appellant has preferred this appeal as provided under Section 374 of the Code of Criminal Procedure, 1973 (“the Code” for short).
2. The case of the prosecution is that, on 03.07.2000, when the complainant – Ranchhodbhai Hamirbhai Hadiya, P.S.I., D.C.B. Police Station, Surat was on duty and during his patrolling in sensitive areas of Surat City due to announcement of shutdown by the political parties on account of massive attack by bomb and firing by the terrorists on the pilgrimages of Amarnath on 02.08.2000, he received a message from Control Room that there is a riot in Nanavat area, which is situated behind the Surat Municipal Corporation. Therefore, immediately, the complainant went, al
Conviction upheld based on consistent witness testimonies and victim's identification, despite absence of blood on the weapon; evidentiary credibility maintained.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
An acquittal carries a double presumption of innocence, and the appellate court must not disturb findings unless clear error is established.
Point of Law : Accused could not be unpunished, more particularly, when the blood stains found were of human origin and it is an undisputed position in the present case, as per the FSL report that th....
The prosecution must prove guilt beyond a reasonable doubt; significant contradictions in eyewitness testimony can lead to acquittal.
A conviction can be sustained on the sole testimony of a reliable witness, especially when corroborated by medical evidence, and the presence of adequate light at the scene can validate eyewitness id....
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
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