The prosecution has utterly failed to prove this chain of events against the accused Gujarat High Court upholds the trial court conviction
TITLE – Nareshkumar Mangaji Khant Versus State of Gujarat
Decided On-: August 25, 2023
14 of 2016
CORAM: Hon’ble Justice Mr. M.R Mengdey
INTRODUCTION-
The Appellant in this case was found guilty of the crime punishable by Section 302 of the Penal Code, 1860, and was given a life sentence with a fine of Rs. 1000/- under the terms of Sections 374 of the Criminal Procedure Code, 1973, which was passed by the learned Additional Sessions Judge.
FACTS OF THE CASE
The deceased Komal was married to the current Appellant for one year prior to the incident, according to the facts and circumstances that led to the filing of the current Appeal. The deceased Komal had visited her parents’ home a week before the incident to carry out some post-marriage rituals. The appellant had visited the deceased’s deceased parents’ home a few days prior to the incident. On that fateful day, deceased Komal went to Prithvisinh Bhavansinh’s well in the afternoon to wash the clothes. The current Appellant was with her at all times. After washing the clothes for a while and not returning, Taraben, the deceased’s mother, went to the location where she had gone. She also observed Komal, her daughter, lying lifeless near the scene of the incident. Her family had been told about the incident by her.
COURT ANALYSIS AND DECISION
knowledgeable Counsel for the Appellant. In the present case, had argued, the prosecution’s case was founded on circumstantial evidence, and under established legal precedent, the prosecution is required to prove the entire series of events that led to the accused’s guilt. In this instance, the prosecution has utterly failed to prove this chain of events against the current Appellant. He further argued that the learned Sessions Judge heavily relied on the first informant’s deposition, Taraben Somaji Khat, who also happened to be the deceased’s mother, in order to convict the current Appellant.
It is abundantly clear from the evidence the prosecution has presented that the deceased had the present Appellant with her when she went to wash the clothes. According to the information in the record, the deceased was with the current Appellant when she passed away. Given these facts, it was the current appellant’s responsibility to provide an explanation of the circumstances surrounding the deceased’s death. The current Appellant is not providing any such justification for this aspect.
Due to the disintegration of the deceased’s blood sample, FSL was unable to determine the blood group of the deceased. However, blood from the AB Group was discovered on the deceased’s clothing, and it was also discovered in soil that was taken from the scene of the incident. Consequently, there is evidence to support the theory that the deceased had the blood type AB.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Steffi Desousa