Murder Conviction Upheld: Gujarat High Court Ruling Challenged in Supreme Court

The case of Kalabhai Hamirbhai Kachhot & Others vs. State of Gujarat revolved around the murder of Gokalbhai Karsanbhai and injuries inflicted on two other victims. The appellants, accused of committing the crime with deadly weapons, challenged their conviction in the Supreme Court after the Gujarat High Court upheld their life imprisonment sentence. The key issues raised in the case included the reliability of witness testimonies, contradictions in evidence, and the role of motive in criminal conviction.

Background of the Case

The case stemmed from an incident that occurred on November 10, 2006, in the state of Gujarat. According to the prosecution, the accused—Vajashibhai Ramshibhai Kachhot, Mulubhai Markhibhai Nandaniya, and Kalabhai Hamirbhai Kachhot—attacked the victims, killing one and severely injuring two others. The First Information Report (FIR) was registered under Sections 302, 326, 324, and 34 of the Indian Penal Code (IPC) and Section 135 of the Bombay Police Act.

Trial Court Judgment

The Sessions Court convicted all three accused under Section 302 read with Section 34 IPC for murder and sentenced them to life imprisonment. Additional convictions under Section 324 IPC and the Bombay Police Act resulted in smaller fines and jail terms.

Appeal to the Gujarat High Court

The convicted individuals challenged the trial court’s judgment before the Gujarat High Court. While upholding their conviction, the High Court provided some relief by ruling that all sentences would run concurrently and allowing the period of under-trial detention to be set off against the sentence.

Arguments by the Appellants

The appellants’ counsel argued that their conviction was based primarily on the testimonies of two injured eyewitnesses, PW-18 and PW-19. They pointed out alleged contradictions in their statements, stating:

There was no mention of certain injuries in the postmortem report.
The weapon allegedly used in the attack was not recovered.
There was no forensic evidence linking the accused to the crime scene.
The incident occurred at night, and the identification of the accused in darkness was unreliable.

The defense further argued that the accused should be acquitted due to a lack of conclusive evidence.

Prosecution’s Arguments

The State of Gujarat countered these claims, arguing that:

PW-18 and PW-19 were both injured witnesses, making their testimonies highly reliable.
The accused were known to the victims, making identification straightforward.
The murder weapon may not have been recovered, but eyewitness accounts confirmed the crime.
Medical and forensic reports corroborated the prosecution’s case.

The prosecution emphasized that all accused acted with common intention to commit the crime.

Supreme Court Judgment

The Supreme Court, led by Justices Ashok Bhushan and R. Subhash Reddy, upheld the conviction, stating:

“The testimony of an injured witness has its own efficacy and relevancy. The fact that the witness sustained injuries on his body shows that he was present at the place of occurrence and saw the incident firsthand. Convincing evidence is required to discredit an injured witness.”

The Court also ruled that minor contradictions in witness statements could not be used to discard their testimony. It emphasized:

“Only contradictions in material particulars can be used to discredit a witness. Minor inconsistencies do not affect the prosecution’s case.”

Conclusion

With this ruling, the Supreme Court reinforced the principle that injured witnesses are highly credible, and their testimonies carry significant weight in criminal cases. The Court dismissed the appeals, upholding the life imprisonment sentences for all three accused.

Petitioner Name: Kalabhai Hamirbhai Kachhot & Others.
Respondent Name: State of Gujarat.
Judgment By: Justice Ashok Bhushan, Justice R. Subhash Reddy.
Place Of Incident: Gujarat.
Judgment Date: 28-04-2021.

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