Gujarat High Court Weekly Roundup: June 3 - June 9, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 73-77]Jagatsinh Punjesinh Parmar Vs State Of Gujarat 2024 LiveLaw (Guj) 73 State Of Gujarat Versus Himatlal Bhailal Rajgor & Ors 2024 LiveLaw (Guj) 74 State Of Gujarat Versus Suhel Ismail Ibrahim Vora Patel 2024 LiveLaw (Guj) 75 Ashokbhai Bhurjibhai Mori @ More Versus State Of Gujarat 2024 LiveLaw (Guj) 76 State Of Gujarat Versus Shashikant Gordhanbhai Patel & Ors 2024 LiveLaw (Guj) 77 Judgments/OrdersGujarat High Court Upholds Life Sentence Of Father For Poisoning Minor Children; Orders Criminal Action Against Wife For False TestimonyCase Title: Jagatsinh Punjesinh Parmar Vs State Of Gujarat LL Citation: 2024 LiveLaw (Guj) 73The Gujarat High Court has upheld the life sentence of a man convicted of murdering his two minor children by administering poison in tea, biscuits, and water. The division bench of Justice A.S. Supehia and Justice Vimal K. Vyas observed that the appellant had committed a heinous offence without any motive, reason, or instigation. The bench noted, "Thus, on the overall appreciation of the evidence, we are of the firm opinion that the appellant has committed a heinous offence of murdering his minor children without any motive, reason or any type of instigation. The children have suffered immense agony on their final journey of life, which has been cut short by the accused. The appellant is not worthy of any leniency; hence we find that the trial court has precisely convicted the accused for heinous offence of double murder of his children."Use Of Counterfeit Currency In Absence Of Mens Rea Doesn't Attract Offence U/S 489B IPC: Gujarat High Court Upholds AcquittalCase Title: State Of Gujarat Versus Himatlal Bhailal Rajgor & OrsLL Citation: 2024 LiveLaw (Guj) 74In a recent ruling, the Gujarat High Court upheld the acquittal of six individuals in a counterfeit currency case, dismissing the appeal filed by the State under Section 378 of the Criminal Procedure Code, 1973. The Court maintained that the absence of mens rea, or the intention or knowledge of wrongdoing, rendered the mere use of forged or counterfeit currency notes insufficient to attract the provisions of Section 489(B) of the Indian Penal Code.To Attract S.397 IPC, Burden Of Proof Lies On Prosecution To Establish That Alleged Robber Put The Weapon To Use: Gujarat High CourtCase Title: State Of Gujarat Versus Suhel Ismail Ibrahim Vora PatelLL Citation: 2024 LiveLaw (Guj) 75In a recent ruling, the Gujarat High Court acquitted a robbery accused, emphasising that to establish a charge under Section 397 of the IPC, it is essential for the prosecution to prove that the offender used a weapon, such as a knife.The provision prescribes penalty for use of a weapon at the time of committing robbery or dacoity.Justice Nisha M. Thakore presiding over the case, observed, “I have closely gone through the record and proceedings, more particularly, the list of muddamal and the arrest panchnama of accused at Exh.19 and Exh.21, there is no recovery of knife or any other weapon. The prosecution has maintained silence on such vital aspect. The basic requirement to attract section 397 of the I.P.C. is not fulfilled. In order to establish the charge under Section 397 of I.P.C., the burden was on the prosecution to prove that the offender has put the weapon knife to use.”[S.349 CrPC] Court Can Sentence Witness To A Maximum Of 7 Days Imprisonment Upon Unexplained Refusal To Produce Material Evidence: Gujarat High CourtCase Title: Ashokbhai Bhurjibhai Mori @ More Versus State Of GujaratLL Citation: 2024 LiveLaw (Guj) 76The Gujarat High Court has quashed the conviction of a police inspector, sentenced to seven days of simple imprisonment, for allegedly failing to produce material evidence in a trial. The Court observed that as per Section 349 CrPC, the Court, after recording reasons, may sentence a witness for a term not exceeding seven days simple imprisonment, unless in the meantime, the witness produces the document or thing.Oral Dying Declaration Can Form Basis For Conviction If Deponent Of Fit Mind And Truthful, But Prudent To Look For Corroboration: Gujarat HCCase Title: State Of Gujarat Versus Shashikant Gordhanbhai Patel & Ors.LL Citation: 2024 LiveLaw (Guj) 77In a recent ruling, the Gujarat High Court has upheld the acquittal of an accused in a murder case, emphasising that it is prudent to look for corroboration of an oral dying declaration.The division bench comprising Justices Ilesh J Vohra and Niral R Mehta observed, “an oral Dying Declaration can form the basis of conviction if the deponent is in fit condition to make the declaration and if it is found to be truthful. The Courts as a matter of prudence look for corroboration to oral Dying Declaration. However, if there exists any suspicion as regards the correctness or otherwise of the said Dying Declaration, the Courts in arriving at the conclusion of conviction, shall look for some corroborating evidence.”Other Developments Gujarat High Court...

Gujarat High Court Weekly Roundup: June 3 - June 9, 2024

Bhavya Singh

Tags