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2026 Supreme(Online)(Guj) 4231

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE ILESH J. VORA
PARESHBHAI SHANKERBHAI TAVIYADV/sSTATE OF GUJARAT


Judgement Key Points

Key Points: - The court discusses whether the death constitutes murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC. (!) (!) - The court analyzes whether Section 106 of the Indian Evidence Act is applicable and whether it shifts the burden to the accused in this custodial/matrimonial setting. (!) (!) (!) - The judgment considers the role and limits of expert medical testimony (postmortem and forensic reports) in distinguishing homicidal strangulation from suicidal hanging and whether such evidence alone can sustain a conviction. (!) (!) (!) (!) - The court notes the presence of exclusive knowledge of the accused and surrounding circumstances (quarrels, motive, conduct) as part of the chain of evidence. (!) (!) (!) - FSL findings, scene panchnama, and lack of forced entry are cited as supporting homicidal strangulation and staging of suicide. (!) (!) (!) - The court concludes the evidence supports homicidal murder and affirms the conviction under Section 302 IPC, with acquittal on the accompanying Section 182 IPC. (!)

What is the classification of the offense in light of the evidence: was the death homicidal strangulation or suicidal hanging?

What is the applicability and scope of Section 106 of the Indian Evidence Act in this custodial/matrimonial death case?

What are the legal standards for relying on expert medical opinion in distinguishing homicide from suicide, and can Section 106 shift the burden of proof?


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1358 of

2015 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI =========================================

Approved for Reporting Yes No =========================================

PARESHBHAI SHANKERBHAI TAVIYAD Versus STATE OF GUJARAT =========================================

Appearance:

MR MAHARSHI V PATEL(6548) for the Appellant(s) No. 1 MS. KRUTI M SHAH(2428) for the Appellant(s) No. 1 MR RONAK RAVAL, APP for the Opponent(s)/Respondent(s) No. 1 =========================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 25/03/2026 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. The present case arises from Sessions Case No. 19/2015, decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused Pareshbhai Shankarbhai Taviyad was convicted for the offence punishable under Section 302 of the Indian Penal Code and also under Section 182 IPC. The 4th Additional Sessions Judge sentenced the accused to undergo imprisonment for life and to pay a fine, in def

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