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GUJARAT HIGH COURT
K.S. JHAVERI, K.J. THAKER, JJ
BRAHAMAN AMIRAM NARBEVAM – Appellant
Versus
THE STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. appeals arise from a common judgment. (Para 1 , 2) |
| 2. factual background of the case. (Para 3) |
| 3. appellant's arguments challenging the conviction. (Para 4) |
| 4. state's arguments on acquittal of others. (Para 5 , 6) |
| 5. court's observations on the evidence presented. (Para 7 , 8) |
| 6. judicial caution regarding circumstantial evidence. (Para 9 , 10 , 11 , 12) |
| 7. conclusion of homicide supported by medical evidence. (Para 13 , 14) |
| 8. principles governing appeals against acquittal. (Para 15) |
| 9. conduct of accused related to disappearance of evidence. (Para 16) |
| 10. final order and conviction details. (Para 17) |
JUDGEMENT
(PER : HONOURABLE MR.JUSTICE K.J.THAKER)
1. The captioned appeals and revision arise out of the common judgment and order and hence, they are decided by this common judgment.
2. Challenge in these matters is to the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No.4, Banaskantha at Deesa in Sessions Case No.94 of 2003 whereby, original accused no.1 has been convicted for the offence u/s.302 of Indian Penal Code (for short, “the IPC”) and Section 135 of Bombay Police Act (for short, “the BP Act”) but, was acquitted of the charge
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