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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Lakhmanji Bhikhaji Thakor – Respondent
| Table of Content |
|---|
| 1. judgment relates to appeal against acquittal of murder charges. (Para 1 , 2 , 12) |
| 2. witnesses lacked reliability due to contradictions. (Para 4 , 10 , 19) |
| 3. dying declarations need careful validation to ensure truthfulness. (Para 20 , 22) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Here is the Appeal by the State against the judgment and order of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned Sessions Judge, Banaskantha, Palanpur, dated 30.07.2001, acquitting the respondent from the offence under Sections 302 , 504, read with Sections 34 and 114 of the IPC and Section 135 of the Bombay Police Act, the State has preferred instant appeal under Section 378 of the Cr.P.C.
3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned Counsel Mr.Prabhakar Upadhyaya for the respective parties.
4. Brief facts giving rise to file the present Appeal are that, the respondents accused were tried and prosecuted for the offence of murder. The incident took place on 02.03.1998 at about 09:00 p.m. at Village Navi Sendhani. The deceased Somaji Jitaji and the respondents accused being cousin brother, had a dispute
The appellate court upheld the trial court's acquittal of the accused, emphasizing the presumption of innocence and reliability issues regarding witness testimonies and dying declarations.
An acquittal carries a double presumption of innocence, and the appellate court must not disturb findings unless clear error is established.
The prosecution must establish guilt beyond reasonable doubt and credibility of eyewitnesses is essential for conviction.
Point of Law : Power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that ....
The main legal point established in the judgment is the admissibility and evaluation of the dying declaration, the requirement of the doctor's certificate for the fitness of the victim to make a stat....
The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.
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