grant of bail filed on behalf of appellant Jayesh
Chohtel.
Appellant stands convicted by the trial Court for committing offences
punishable under Sections ... Learned counsel for the appellant contended that the appellant has been
wrongly convicted by the trial Court without properly appreciating the
evidence on record
appellant submitted that the trial
Court without appreciating the evidence properly wrongly
convicted the appellant for the aforesaid offences. There are
several omissions and contradictions
these weapons itself is corroborative evidence for convicting the
accused appellant. Learned trial Court has wrongly arrived at
with the finding that deceased Hamatu Singh ... prosecution has not proved its case and accused appellants have
been convicted wrongly while relying upon the so called dying
declaration, which is seriously disputed
undergo three months rigorous imprisonment and A.4 to
A.7 were convicted under Section 323 I.P.C and sentenced to undergo one year ... intention of A.1 was to wrongfully restrain the deceased Kannan and as
such the accused was wrongly convicted also under Section
foisted as against him.
5. The trial Court found him guilty and convicted him and passed sentence
as above.
6. Being aggrieved by the said ... following grounds inter alia as under:
(i) The trial Court wrongly convicted the accused based on the interested
testimony of the witnesses
circumstances and evidence, has
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Crl.Appeal No.1576 of 2007
wrongfully convicted the accused persons and hence the judgment is liable
upon the evidence of P.W.7 and P.W.8 for convicting the appellants, as
altogether nine accused/appellants have been tried in this ... case, which the learned trial court has failed to consider and wrongly convicted the
appellants under Section 304 part II read with Section
arguments, learned counsel for the petitioners
argued that they have been wrongly convicted under Section 326 IPC as no
Radiologist had been examined ... Board Members regarding nature of injury, the accused have
been wrongly convicted for the offence under Section 326 IPC. The learned
counsel for the petitioners
been firmly established beyond all doubts.
Learned trial court has, therefore, wrongly convicted the appellants. The
appeal is, therefore, allowed. The judgement of conviction
legal evidence against him, and that the trial
court wrongly convicted him without any legal evidence.
6. Of the seven witnesses examined in the trial