State Of Gujarat vs Gajmabhai Ganubhai Valvi
2023 Latest Caselaw 3166 Guj

     R/CR.MA/3858/2023                         ORDER DATED: 21/04/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION NO. 3858 of 2023
                              In
           R/CRIMINAL APPEAL NO. 429 of 2023
                             With
           R/CRIMINAL APPEAL NO. 429 of 2023
======================================
                     STATE OF GUJARAT
                            Versus
                GAJMABHAI GANUBHAI VALVI
======================================
Appearance:
MS JIRGA D. JHAVERI, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
       and
       HONOURABLE MRS. JUSTICE M. K. THAKKER

                         Date : 21/04/2023

                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

ORDER IN CRI. MISC. APPLICATION NO. 3858 of 2023

1. Heard Ms. Jirga Jhaveri, learned APP.

2. According to her statement, case rests on circumstantial

evidence.

3. She has submitted that there is an evidence on record to

the effect that respondent - accused was last seen together

with the deceased.

R/CR.MA/3858/2023 ORDER DATED: 21/04/2023

4. She has further submitted that deceased is none other

than his own wife, who is murdered by him in his own house.

In absence of any explanation in respect of his probable

presence inside the house, he can be termed as the author of

the crime. At the same time, according to the submission of

learned APP, not only his clothes were bloodstained, he also

had an injury over his hand which is self-sufficient to connect

him with the crime in absence of any probable explanation by

him.

5. Though, according to the submission of learned APP,

making of extra-judicial confession before the First-informant is

not stated in the police statement or in the examination-in-

chief but when the First-informant was cross-examined, the

said facts have been stated by the witness in a suggestion by

the defense which is binding to him.

It is further submitted that merely the panch witnesses

have turned hostile, that doesn't mean that there is no proof of

recovery of bloodstained clothes of the deceased, having blood

group matching with the group of the deceased.

6. At any rate, this Court being Court of appeal against the

impugned judgment and order of acquittal passed by the

R/CR.MA/3858/2023 ORDER DATED: 21/04/2023

learned Judge, empowered to re-appreciate the evidence on

facts as well as on law, this application praying for leave to

appeal is required to be granted and it is hereby granted.

In view thereof, this application stands disposed of.

ORDER IN CRIMINAL APPEAL NO. 429 of 2023

Admit. In view of leave granted today, this appeal is

admitted. Bailable warrant in the sum of Rs. 10,000/- be issued

against the respondent - accused.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) Raj