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 :
1. Here is the Appeal by the State against the judgment and order of acquittal.
3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned Counsel Mr.Prabhakar Upadhyaya for the respective parties.
5. Since the case was exclusively triable by the Sessions Court, the Court committed the case to the Sessions Court, who has been culminated into Sessions Case No. 84 of 1998.
7. In order to prove the charge, the prosecution has examined following material witnesses:
8. During the course of the trial, the prosecution has proved and produced documents:
9. On conclusion of oral evidence, the trial Court recorded further statements of the accused as provided under Section 313 of the Code, wherein, they claimed their innocence.
11. In view of the aforesaid facts and circumstances, this acquittal appeal has been preferred by the State.
12.1 Dhemerji Jitaji (PW:1):
In the cross examination, witness has admitted t
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.
principles relating to interference by the High Court in appeals against acquittal are well settled. While the High Court can review the entire evidence and reach its own conclusions, it will not int....
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.
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