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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
ARUNABEN @ ANITABEN, W/O RAJESH HARKISHAN DEVMURARI – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. conviction and sentence due to murder in absence of the accused. (Para 1 , 2 , 8) |
| 2. conducting trial without accused violates fair trial principles. (Para 10 , 12) |
| 3. appeal allowed and matter remanded for retrial. (Para 14 , 15) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. This criminal appeal preferred by the sole appellant/accused herein under Section 415 of the Bhartiya Nagrik Surakhsha Sanhita (374 of the Cr.P.C), is directed against the judgment of conviction and order of sentence dated 12.06.2025, passed by the learned Additional Sessions Judge, Dhoraji at Rajkot, in Sessions Case No. 19 of 2012, by which, the Trial Court convicted the appellant accused for the offences punishable under Section 302 of the Indian Penal Code and sentenced her to life imprisonment and fine of Rs.5000/-, in default, further simple imprisonment of 3 months.
2. Facts and circumstances leading to file this conviction appeal are as follows:
2.1 The accused appellant was married to PW:9 Rajesh Devmurari.
The husband was serving as a Junior Clerk in the Irrigation Department, Dhoraji at Rajkot and allotted the Government Quarter known as Bhadar Colony. There was a dispute amo
A trial conducted without the accused's presence and without proper representation violates fair trial rights, undermining the integrity of the judicial process.
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
Point of Law - Nature of certain orders which are neither ‘final’ nor ‘interlocutory’, but of an ‘intermediary’ nature, that is to say, an order of the type falling in the middle course. It was also ....
The provisions of Section 299 of the CrPC and Section 33 of the Indian Evidence Act allow for the use of a deceased witness's statement as evidence in the absence of the accused, and the prosecution ....
The failure to properly record the accused's statement under Section 342 J&K Cr.P.C. vitiated the trial, leading to the acquittal of charges due to insufficient evidence.
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
Witness statements recorded in the absence of an absconded accused can be admissible in subsequent trials if the witness is incapable of giving evidence.
The main legal point established in the judgment is the importance of a fair trial, the accused's right to cross-examine prosecution witnesses, and the fulfillment of constitutional obligations and p....
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
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