Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

Sole Eyewitness Testimony Unreliable, Private Defense Valid: Gujarat High Court Dismisses State's Appeal in Murder Case

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Gujarat High Court dismissed the State's appeal against the acquittal of Bhikhabhai Punjabhai Solanki and others in a case involving the alleged murder of Vitthalbhai. The court highlighted the unreliability of the sole eyewitness and reaffirmed the principle of double presumption of innocence.

The case stems from an incident on 28th August 1990, where Vitthalbhai was allegedly assaulted by the respondents, leading to his death the next day. The prosecution's case primarily relied on the testimony of Sureshbhai, the brother of the deceased.

The Additional Sessions Judge acquitted the accused due to insufficient evidence, the unreliability of the sole eyewitness, and the defense of private defense by one of the accused, Revaben.

The State appealed the acquittal, contending that the trial court erred in dismissing the eyewitness testimony and misjudged the applicability of private defense.

The High Court scrutinized the conduct of Sureshbhai, noting significant delays and inconsistencies in his testimony. The court observed, “PW-1’s conduct and delayed reporting of the incident raised doubts about his presence at the crime scene” [Paras 11-14, 20-21].

The court emphasized that no corroboration from other witnesses was available, further undermining the credibility of PW-1.

The court accepted Revaben's defense under Section 100 of the IPC, which allows for the right of private defense against an assault. The court noted, “The defense of Accused No.3 under Section 100 of IPC was accepted as she acted in self-defense against the deceased's alleged assault” [Paras 11-14, 20-21].

The judgment reiterated the principle of double presumption of innocence in favor of the acquitted, stressing that an appellate court should interfere only if the trial court’s judgment is perverse or based on an erroneous view of law [Paras 15-17].

The court referenced several precedents, including Babu vs. State of Kerala and Ghurey Lal vs. State of U.P, to underline the cautious approach needed in overturning acquittals.

Decision: The High Court upheld the acquittal, finding no compelling reasons to disturb the trial court’s judgment. The court ordered the cancellation of bail bonds and discharge of surety for the respondents [Paras 22-24].

Date of Decision: 15th May 2024.

State of Gujarat vs. Bhikhabhai Punjabhai Solanki & Ors.

Latest Legal News