Case Note & Summary
The case arises out of the judgment and order dated 29 April 2022 passed by the Sessions Court, Kapadvanj, Kheda, in Sessions Case No. 12 of 2021, convicting three accused for the gang rape and murder of a married woman and sentencing them to death. The High Court of Gujarat was seized of the death reference for confirmation of the death sentence and two criminal appeals filed by the accused challenging the conviction and sentence. According to the prosecution, on 28 October 2018, accused Jayantibhai Vadi (A2) and Lalabhai Vadi (A3) kidnapped the deceased from Village Moti Jer, took her to a farm at Nirmali village, where they raped and beat her, causing her to become unconscious. The first accused Gopi (A1), who was the nephew of the deceased, was brought to the farm by A2 and forced under threat to also commit rape. Thereafter, A2 manually strangulated the deceased with the help of A1 and A3, causing death due to asphyxia. The body was dragged and disposed of in another farm. The next day, the body was discovered and a complaint was lodged by the brother of the deceased. The police investigation led to the arrest of the accused on 1 November 2018 and the collection of forensic and DNA evidence. The trial court, upon appreciation of oral and documentary evidence, held that the prosecution had established the chain of circumstances proving the guilt of the accused. The court found the crime to be heinous, involving brutal sexual violence and murder, and falling within the rarest of rare category, thus warranting the death penalty. The trial court convicted the accused under Sections 302, 201, 366, and 376(D) read with Section 114 of the Indian Penal Code and imposed a death sentence for murder along with other sentences. The present proceedings before the High Court involve the mandatory confirmation of the death sentence and the appeals preferred by the accused against their conviction and sentence. The High Court, after hearing the parties, delivered a common judgment disposing of the confirmation case and the appeals together.
Issue of Consideration
CC62022_GJHC240304752022_5_13012026-2026_GUJHC_2308-DB
Case Details
2026 LawText (GUJ) (01) 87
R/CRIMINAL CONFIRMATION CASE NO. 6 of 2022 with R/CRIMINAL APPEAL NO. 1139 of 2022 and R/CRIMINAL APPEAL NO. 1813 of 2022
Ilesh J. Vora, R. T. Vachhani
J K Shah (APP) for State, Ramnandan Singh for Respondents No.2,3, Bhavik R Samani for Appellant in CRA No.1813 of 2022
State of Gujarat (Confirmation Case), Gopi @ Bhalabhai Devipujak, Jayantibhai Vadi, Lalabhai Vadi
Gopi @ Bhalabhai Devipujak, Jayantibhai Vadi, Lalabhai Vadi (in Confirmation Case), State of Gujarat (in Appeals)
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Nature of Litigation
Criminal confirmation case and criminal appeals against conviction and death sentence
Remedy Sought
The State seeks confirmation of death sentence; the accused appellants seek quashing of conviction and sentence.
Filing Reason
The trial court convicted the accused under Sections 302, 201, 366, 376(d) IPC and awarded death penalty, necessitating confirmation by High Court and giving rise to appeals.
Previous Decisions
Sessions Court, Kapadvanj, Kheda, in Sessions Case No.12 of 2021, convicted the accused and sentenced them on 29.04.2022.
Issues
Whether the death sentence should be confirmed and whether the appeals against conviction should be allowed.
Judgment Excerpts
The crime committed by the accused is heinous crime and the manner in which the deceased was sexually abused and killed, the case would fall in the category of rarest of rate case.
Procedural History
The case was committed to Sessions Court, Kapadvanj, Kheda. The Sessions Court framed charges and conducted trial, examining 26 prosecution witnesses and documentary evidence. On 29.04.2022, the trial court convicted all three accused under Sections 302/114, 201/114, 366/114, 376(D) IPC and sentenced them to death for murder, with other sentences. The death sentence reference was made to the High Court for confirmation. The accused filed criminal appeals challenging conviction and sentence. The High Court heard the confirmation case and appeals together.
Acts & Sections
- Indian Penal Code, 1860: 302, 201, 366, 376(d), 114
- Code of Criminal Procedure, 1973: 313
