The Supreme Court has affirmed the conviction and life sentence of a man in a 1998 murder case from Gujarat. The court upheld the conviction based on the reliable testimony of a single witness, despite other witnesses turning hostile during the trial.
The appellant, Mitesh alias T.V. Vaghela, had appealed against the Gujarat High Court’s decision that found him guilty under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act. He was sentenced to life imprisonment and fined for the murder, along with additional penalties under the Bombay Police Act.
The incident stemmed from a quarrel in December 1998 when the accused allegedly threw a cigarette into a bucket at a tea stall in Ahmedabad. The victim, Somabhai Rabari, was found injured the next day near the stall. He accused Mitesh of stabbing him before succumbing to his injuries.
The prosecution’s case was supported by the victim’s brother, Ishwarbhai Rabari, who testified to the dying declaration made by the victim. The Supreme Court emphasized the reliability of the dying declaration and upheld the prosecution’s case beyond a reasonable doubt.
The court highlighted that even if multiple witnesses turned hostile, a conviction could still stand based on reliable evidence. It stressed the importance of the quality, not quantity, of evidence in determining guilt. The appeal was ultimately dismissed by the apex court.
