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2004 Supreme(Online)(Guj) 3

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. Panchal, J, H. H. Mehta, JJ
Vahaji Ravaji Thakore and Another v. State of Gujarat


Advocates:
For the Appellants/Petitioners: Mr. Tejas M. Barot, Mr. M.C. Barot
For the Respondents: Mr. I. M. Pandya

Table of Content
1. two appeals arising from a common trial verdict. (Para 1 , 2 , 3)
2. chronology of the incident and evidence gathering. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. prosecution's burden to establish case through witnesses. (Para 11 , 12 , 13)
4. defense alleging false implication due to previous enmity. (Para 14 , 15 , 16 , 17)
5. arguments regarding witness credibility and contradictions. (Para 18 , 19 , 20 , 21 , 23)
6. consideration of the evidence presented and its implications. (Para 28 , 29 , 30 , 31 , 32 , 33)
7. final determination to dismiss both appeals. (Para 57 , 58 , 59)

1. These two appeals are arising from one common judgment Ex. 53 dated 31st July, 1995 rendered by the learned Additional Sessions Judge, Banaskantha at Palanpur (who will be referred to as the learned Judge of the Trial Court) in Sessions Case No. 20 of 1994 by which accused Nos. 1 and 2 i.e. appellants of Criminal Appeal No. 918 of 1995 came to be convicted, while respondents in Criminal Appeal No. 1101 of 1995 came to be acquitted, and therefore, with the consent of both the parties, these two appeals are heard together and decided by this common judgment.

2. Accused Nos. 1 and 2 who are the appe





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