B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
NARENDRASINH KESHUBHAI ZALA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Vide a judgment dated 19.07.2003 passed by the Ld. Addl. Sessions Judge, Fast Track Court at Surendranagar, Gujarat in Sessions Case No. 27 of 2002, the appellant Narendrasinh Keshubha Zala stood convicted for having committed offences under Section 302, Indian Penal Code read with Section 34, Indian Penal Code as also under Section 25 (1) A and Section 27 (2) of the Arms Act. In relation to the offence under Section 302, Indian Penal Code, he is sentenced to suffer imprisonment for life and pay fine of Rs. 500 and in default thereof, an additional sentence for one month. The same stands affirmed by the High Court vide impugned judgment.
2. In brief, the case set up by the prosecution reads as follows: on 14.1.2002 at around 2:30 AM police registered an FIR in relation to the murder of a person namely, Ram. The complaint was registered on the asking of Shri Mahipal K. Jadeja (PW-1), father of the deceased in the night intervening 13-14th of January, 2002. The Complaint records the complainant to have stated that at around 11:00PM one person known as Munna Bhai alias Krupal Rajnikant (PW-6) had come on a motorcycle to his residence informing him of his so
Jagga Singh v. State of Punjab
Amar Singh v. State (NCT of Delhi)
Amrik Singh v. State of Punjab
Krishan Kumar Malik v. State of Haryana
Chaudhari Ramjibhai Narasangbhai v. State of Gujarat
Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 [Para 16] – Relied.
Murder – It is duty of prosecution to establish use of weapon discovered in commission of crime – Failure to do so may cause aberration in course of justice.
(1) Murder – Once eyewitnesses do not recognize presence of chance witnesses at the time of occurrence, then their testimonies become unrealistic and concocted.(2) Appreciation of evidence – Quality ....
The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond all reasonable doubts, emphasizing the importance of trustworthy evide....
A single reliable eyewitness testimony can sustain a murder conviction, irrespective of contradictions in other testimonies.
Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.