Analysis and Conclusion: The courts emphasize that prior judgments cannot be blindly applied and must be considered in the context of the specific facts of each case. The references indicate a detailed judicial analysis concerning the applicability of earlier rulings to Nirmalaben’s case, underscoring the importance of case-specific facts in legal determinations.
Witnesses and Evidence - Testimonies and Judicial Findings
Analysis and Conclusion: The evidence, especially the dying declarations and witness testimonies, played a pivotal role in the judicial process. The courts scrutinized the credibility of witnesses and the admissibility of evidence, reaffirming that properly recorded dying declarations are significant in criminal cases involving death.
Legal Principles and Case Law - Application of Judicial Precedents
References: - Court judgments and legal citations from the provided sources, notably the oral judgment dated 24.2.2021 and landmark Supreme Court cases. - Witness testimonies and documentary evidence, including dying declarations and official records.
================================================================ NIRMALABEN @ NILABEN RATNASINH CHAUHAN W/O TAKHATSINH DANSINH THAKORE Versus STATE OF GUJARAT THROUGH THE SECRETARY & 4 other(s) p class="para
5.14 Reliance is placed on the oral judgment dated 24.2.2021 in the case of Nirmalaben @ Nilaben Ratnasinh Chauhan W/o. Takhatsinh Dansinh Thakor v. State of Gujarat passed in Special Civil Application No.13092 of 2018. ... State Of Gujarat reported in (2005) 2 GLR 1370; Nirmalaben @ Nilaben Ratnasinh Chauhan W/o. Takhatsinh Dansinh Thakor v. State of Gujarat (supra); Pagi Aataji Kacharaji v. State of Gujarat (supra) also cannot be made applicable to the facts of the present case. .......
5.14 Reliance is placed on the oral judgment dated 24.2.2021 in the case of Nirmalaben @ Nilaben Ratnasinh Chauhan W/o. Takhatsinh Dansinh Thakor v. ... State Of Gujarat reported in (2005) 2 GLR 1370; Nirmalaben @ Nilaben Ratnasinh Chauhan W/o. Takhatsinh Dansinh Thakor v. State of Gujarat (supra); Pagi Aataji Kacharaji v. State of Gujarat (supra) also cannot be made applicable to the facts of the present case. ... Another learned Judge of this Court [Coram : D C Srivastava, J. as he....
PW-140 Punjabhai, PW-146 Laxman Chauhan, PW-148 Hemendra Das. ... ... PW-146 Exh.799 Page-11605 Laxmansinh Nansinh Chauhan, para-3 about the incident. ... Union of India, (1989) 1 SCC 204 by a Constitution Bench and Shatrughan Chauhan v. ... The above view was reaffirmed in the case of Shatrughan Chauhan v. Union of India [(2014) 3 SCC 1]. ... PW-190 Vinodbhai Ganpatbhai Chauhan is a hostile witness and was sought to be examined in support of the whole occurrence. ... 61.
ASI Mathursinh Ratansinh
Applying the above principles to the facts of the case, in our judgement, the trial court was fully justified in relying upon two dying declarations recorded by (i) PW 5 Shri Premjibhai Danabhai Chauhan, Executive Magistrate, Rajkot City on 29.09.06 (Ex. 14) and (ii) PW 9 Shri Allarakha Chaniya, ASI ... The Court below has also considered oral evidence of P.W.1, Nitaben, another sister-in-law of the deceased and P.W.2, Punjabhai Pithabhai Sagathia, father-in-law of the deceased. ... During cross-examination of P.W.No.1-Nitaben, it has bee....
In Ramdeo Chauhan v. ... We have perused the school leaving certificate produced on record by Nitaben Narmadashankar Nayak, PW-8, who has deposed below Exh.50, has produced the general register maintained by G.D. ... In the facts of the present case, the entry in the school register also not conclusive in nature, wherein, PW-8 Nitaben, Clerk at G.D. High School in cross had admitted that, it was not known which Clerk made the entry. ... She did not return within one hour and in view thereof, the complainant inquire at nearby places, but....
Chauhan (now deceased) on 13.5.2002. ... Chauhan (now deceased) on 13.5.2002. ... Chauhan (now deceased) on 12.5.2002. ... Chauhan (now deceased) on 12.5.2002. ... Chauhan (now deceased) on 12.5.2002.
Chauhan (now deceased) on 13.5.2002. ... Chauhan (now deceased) on 13.5.2002. ... Chauhan (now deceased) on 12.5.2002. ... Chauhan (now deceased) on 12.5.2002. ... Chauhan (now deceased) on 12.5.2002.
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