case comment

Topics: Court, Appeal, Jury Pages: 4 (1191 words) Published: October 11, 2013

ACADEMIC YEAR 2013-2014
INDIAN EVIDENCE ACT
CASE COMMENT
Rajput Jabbarsingh Malaji
V.
State of Gujarat (2011) 6 SCC 308

INTRODUCTION
The present case was filed as Criminal Appeal No. 943 of the year 20061 from the judgment and order dated 28/29.04.2005 of the High Court of Gujarat at Ahmedabad, in Criminal Appeal No. 597 of 1998. The judgement was delivered by a two judge bench of Hon'ble Mr. Justice Ashok Kumar Ganguly and Hon'ble Mr. Justice Deepak Verma decided on 24.05.2011. The most important Sections involved in the case among others of the Indian Penal Code and the Code of Criminal Procedure was Section 6 of the Indian Evidence Act, 1872.2 The Appellant was charged and prosecuted for commission of the offence under Section 302 of the Indian Penal Code and under Section 135(1) of the Bombay Police Act. On appreciation of evidence available on record, Additional Sessions Judge, Banaskantha found the Appellant guilty for commission of the said offence and awarded him life imprisonment. Feeling aggrieved thereof, Appellant filed appeal before the Division Bench of the High Court of Gujarat at Ahmedabad. The High Court, after categorically examining the oral and documentary evidence available on record came to the conclusion that no case for interference was made out, affirmed the judgment and order of Trial Court and thus dismissed the appeal. The Appellant therefore feeling aggrieved by the aforesaid impugned judgment challenged the same on variety of grounds. BACKGROUND OF THE CASE

On 2.4.1994 deceased Jethusing and his agriculture partner Fueo Rabari had gone to cultivate the field of Karshanbhai Patel in their village and returned at about 12 O' clock midnight, after cultivating the same. On the intervening night of 2/3.4.1994, at about 2.00 a.m., Pepaben raised shouts for help. Complainant and other family members went to the place where Jethusing, his wife Pepaben and their son were sleeping. On...
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