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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, SANJEEV J.THAKER
State Of Gujarat – Appellant
Versus
Ramubhai Bhikhubhai Patel – Respondent
| Table of Content |
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| 1. acquittal details and prosecution's case (Para 1 , 2) |
JUDGMENT :
SANJEEV J.THAKER, J.
1. Challenge before us is the impugned judgment dated 13.02.1998 passed by the Additional Sessions Judge, Valsad, Camp at Valsad in Sessions Case No.40 of 1997, whereby the Sessions Judge has been pleased to acquit the respondents herein of the charges levelled against them for the offences punishable under Sections 302, 202, 212 and 34 of the Indian Penal Code.
2. The facts leading to filing of this appeal are as under:
2.1 As per the case of the prosecution, on 10/11.12.1996 between 1715 – 1900 hrs., having doubt of the deceased having illicit relationship with the wife of the respondent no.1 – original accused no.1 viz. Budhiyabhai and the original accused no.2 called the deceased in the field known as Bhandari Ghasiya Field, where the original accused no.2, along with other accused, made the deceased to consume liquor and thereafter killed him by strangulating his neck. It is specific case of the prosecution that though the original accused no.3 witnessed the incident, he did not disclose it to the police. Furthermore, he helped the accused nos.1 and 2 in hiding the dead body of
The prosecution must prove its case beyond reasonable doubt, and circumstantial evidence alone, without a clear motive or corroboration, is insufficient for conviction.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be credible.
Conviction based on circumstantial evidence requires irrefutable proof establishing guilt, with no room for reasonable doubt.
Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; failure to do so warrants acquittal.
(1) Circumstantial evidence – Conclusions of guilt arrived at must be sure conclusions and must not be based on vague conjectures.(2) Extra judicial confession is a weak kind of evidence – Extra judi....
In circumstantial evidence cases, each link in the evidence chain must establish guilt beyond reasonable doubt, supported by all proving consistent guilt without alternative explanations.
Conviction based on unreliable evidence, particularly last seen theory and coerced extra-judicial confession, cannot meet the standard of proof beyond reasonable doubt.
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