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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Paresh @ Paryo Sumanbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
P. M. RAVAL, J.
1. Criminal Appeal No. 1296 of 2009 is preferred by the Original Accused No. 2, Paresh @ Paryo Sumanbhai Patel, who has been convicted in Sessions Case No. 79/2007. Similarly, Criminal Appeal No. 1569 of 2009 is preferred by Original Accused No. 3, Niteshbhai Nanubhai Patel, who has also been convicted in Sessions Case No. 79/2007. Furthermore, Criminal Appeal No. 1357 of 2009 is preferred by Rajeshbhai @ Raju Sumanbhai Koli Patel, who has been convicted in Sessions Case No. 24/2008.Accused Nos. 2 and 3 have been convicted arising out of Sessions Case No. 79/2007 for offences punishable under Section 302 read with Sections 147, 148, and 149 of the Indian Penal Code. They have been sentenced to life imprisonment and a fine of Rs. 5,000/-, and in default thereof, to two years’ rigorous imprisonment. Additionally, Accused No. 3 has also been convicted in Sessions Case No. 79/2007 for offences punishable under Sections 323 and 325 read with Sections 147, 148, and 149 of the IPC, and Section 135(3) of the Gujarat Police Act. For these offences, he has been sentenced to three years’ rigorous imprisonment and a fine of Rs. 2,000/-, and in default thereof, simple i
Eyewitness testimonies with minor discrepancies can still substantiate the prosecution's case; the lesser offense of culpable homicide applies when intent to kill is not established.
The court established that when intent to kill is absent but culpable homicide is evident, conviction under IPC §304 Part II is justified, despite minor discrepancies in witness testimonies not under....
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
The prosecution must prove the accused's guilt beyond reasonable doubt; contradictions in witness testimonies and procedural delays can undermine the case.
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 ....
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
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