Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE, SANJEEV J.THAKER
State Of Gujarat – Appellant
Versus
Thakore Babuji @ Chandra Singhdhulaji – Respondent
JUDGMENT :
ANIRUDDHA P. MAYEE, J.
1. Present Criminal Appeal 352 of 1996 and Criminal Revisional Application No.114 of 1996 impugn the judgment and order dated 12.3.1996 passed by the Additional Sessions Judge, Mehsana in Sessions Case No.190 of 1995 whereby the sole accused has been acquitted of the charge under Section 302 of INDIAN PENAL CODE read with Section 135 of the BOMBAY POLICE ACT .
2. The case of the prosecution, in brief, is that on 21.6.1995, at about 4.30 a.m. in the morning, deceased Bhartuji Shankaji was sleeping on the cot in the open ground outside his house. His younger brother Govindji was also sleeping on the Varandah about 2 ft away. It is further the case of the prosecution that the respondent accused had come there with dharia in his hand and started assaulting deceased Bharthuji while he was sleeping. The respondent accused is alleged to have inflicted four fatal blows on the deceased, which had caused death of the deceased. The prosecution case further is that while the assault was being taken place, brother of the deceased Govindji Shankaji shouted loudly. Upon hearing the shouts, cousin brother of the deceased who was residing in a house opposite to the
The evidentiary burden on the prosecution to prove guilt beyond reasonable doubt was not met, leading to the upheld acquittal of the accused.
The appellate court reversed the acquittal of certain accused based on credible eyewitness testimony and medical evidence, convicting them under Section 304 Part-II of the IPC.
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
The appellate court emphasized that minor discrepancies in eyewitness testimony do not undermine overall reliability, and the prosecution must prove guilt beyond reasonable doubt.
The main legal point established in the judgment is that in an appeal against acquittal, the appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable....
The conviction of the accused was reversed due to insufficient corroboration of eye-witness accounts and the potential for false implication stemming from previous enmity.
The appellate court upheld the presumption of innocence, emphasizing the need for credible evidence linking the accused to the crime, ultimately dismissing the appeal against acquittal.
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
