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Gujarat High Court Bolsters Prosecution: Life Sentence Stands in Gunshot Murder Over Money Debt
In a verdict that reaffirms the power of consistent eyewitness accounts fused with forensic proof, the has dismissed an appeal against a life sentence for murder. A division bench comprising Justice Ilesh J. Vora and Justice R. T. Vachhani upheld the trial court's conviction of Namori Hajibhai Bukera under and . The ruling, delivered on , in Namori Hajibhai Bukera vs. State of Gujarat (R/CR.A/2597/2022), ends a legal battle stemming from a 2013 fatal shooting in rural Jamnagar.
From Pan Shop to Deadly Confrontation: The Night That Ended a Life
The incident unfolded on , around 10 PM in the outskirts ( sim ) of Veraval village, Jamjodhpur taluka, Jamnagar district. Faruk Ibrahim Pata, the deceased, a friend of eyewitness-complainant Altafbhai Gulammohammadbhai Ravkuda, had visited a local pan shop. Accompanied by Ravkuda on Faruk's motorcycle, they headed to demand overdue money from Bukera near his bhatha (quarry) in Virdi village. Spotting Bukera and co-accused Aamad Hajibhai Bukera approaching on another motorcycle, Faruk dismounted and pressed for repayment.
What followed was swift and lethal: Bukera allegedly fired a single shot from a country-made muzzle-loading gun, striking Faruk on his left abdomen—the pellet exiting the right side amid blood and flesh. Co-accused Aamad swung a stick but was thwarted by Ravkuda. The duo fled, violating a prohibitory order. Faruk succumbed en route to hospital despite a 108 ambulance response. The (Sessions Case No. 138/2016), convicted Bukera in , sentencing him to life with fines; this appeal challenged that verdict.
Defense Fires Blanks: 'No Corroboration, Flawed Forensics'
Bukera's counsel hammered the reliance on Ravkuda as the lone eyewitness—a friend of the deceased—with no independent backing. Relatives' testimonies (Ibrahim Ismailbhai Sandhi, Alibhai Ismailbhai Sandhi, others) were dismissed as from Ravkuda post-incident. Pan shop owner Mohammadali Aadambhai Shaikh only confirmed the duo's presence, not the clash. Aamadbhai Kasambhai Pata arrived post-shot.
Flaws cited included no tire marks or seized bloodied grass/stick, common pellets unlinking the gun definitively (test-fired with lab ammo), and ubiquitous blood group 'O'. Panch witnesses turned hostile, silent on perpetrators. Counsel urged acquittal for prosecution's failure .
Prosecution's Bulletproof Case: Eyewitness + Science = Conviction
The State countered with Ravkuda's "natural, consistent, trustworthy" narrative—from pan shop exit (corroborated by shop owner) to gunshot, stick fumble, and post-incident relay to relatives. Immediate, uniform disclosures to four witnesses showed no tutoring or embellishment. Aamadbhai's swift arrival ( 2-3 minutes ) sealed the timeline.
Forensic heavyweights shone: Scientific Officer Rameshbhai Natvarbhai confirmed the gun's prior use (barrel residues), functionality, and pellet compatibility with crime-scene recoveries bearing gunshot traces. Clothes bore close-range entry/exit holes matching pellets. FSL's Nikunj Narharibhai linked 'O' group blood at scene/clothes to deceased (not accused: 'A'/'AB'), validating location. Inquest detailed gunshot wounds; no license explained. Minor discrepancies? "Bound to appear," per precedents.
Court's Sharp Aim: Precedents Seal the Deal
Drawing from Supreme Court rulings like (non-recovery of weapon not fatal with reliable witnesses) and (minor omissions don't discredit truthful testimony), the bench dissected evidence holistically. Ravkuda's identification of accused, gun, stick held firm under cross-fire. Ballistics bridged discovery panchnama to offence; blood science nailed the spot.
As noted in media reports echoing the judgment, the court stressed:
"The testimony of this sole eyewitness is fully reliable... fully supported by immediate statements... scientific evidence clearly proves."
Key Observations
"The deposition of the complainant witness (PW-25, Exh.-143) is natural, consistent, and trustworthy, as he has given a clear and detailed account of the entire sequence of events..."
"The pellets recovered from the spot (Sample-D) contain gunshot residues... consistent with the pellets recovered. This scientific evidence clearly proves that the gun... was used in the offence."
"The blood group 'O' found on the soil at the place of incident... exactly matches with the blood sample of the deceased..."
"... no ground to reject the whole of the testimony of such witness."( Narayan Chetanram Chaudhary )
Verdict Locks In: No Mercy for Intentional Kill Shot
Appeal dismissed; life RI under Section 302 IPC (fine Rs. 5,000, default 1 year SI) and 2 years SI under (fine Rs. 1,000, default 2 months) confirmed. Records remitted to Sessions Court. This bolsters prosecutorial reliance on sterling amid forensics, signaling courts' intolerance for armed vendettas over debts. Future cases may cite it for upholding convictions sans perfect recoveries, provided eyewitnesses shine true.
