LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/state-of-gujarat-vs-kalusinh-harpalsinh-20190502/ · Printed 07 Nov 2026
Criminal · Reportable judgment

State of Gujarat vs Kalusinh @ Harpalsinh

Court
Supreme Court of India
Date
2 May 2019
Case No.
Criminal Appeal No. 1125 of 2010
Result
Dismissed
Bench
R. Banumathi, S. Abdul Nazeer
Citation
[2019] 7 S.C.R. 473 : 2019 INSC 1415
Supreme Court Reports [2019] 7 S.C.R. 473 : 2019 INSC 1415
Headnote

Appeal: Appeal against acquittal – Prosecution case was that on the fateful day when the accused persons were ploughing the disputed land, complainant party objected to their act of ploughing whereafter accused no.1 and 2 fired three gun shots which hit wife of PW-5, PW-6 and PW-7 – Wife of PW-5 died on the spot and PW6 and PW-7 got injured – Trial court convicted accused no.1 and 2 under s.302 r/w s.34 – High Court confirmed conviction of accused no.1, however, acquitted accused no.2 by holding that the identification of accused no.2 was doubtful and therefore he was entitled to benefit of doubt – State’s appeal against acquittal – Held: There was contradiction in prosecution’s case and statement made in the court as to who fired the gun shots – Likewise, the recovery of the weapons from the accused was also not proved by convincing evidence – The post-mortem certificate did not indicate as to whether the gun shots wounds on the body of deceased were caused by rifle or by gun – In absence of definite evidence as to whether the fatal gunshot wounds were caused either by the rifle or by double barrel gun, it cannot be said that the impugned judgment of the High Court acquitting the accused suffered from perversity warranting interference – Penal Code, 1860 – s.302.

Dismissing the appeal, the Court

HELD : The High Court observed that there was dispute as to the identity of accused No.2 and acquitted accused No.2 by holding that the identity of accused No.2 became suspicious. The findings recorded by the High Court is a plausible view which cannot be patently erroneous warranting interference with the judgment of acquittal. Therefore, there was no good ground warranting interference with the order of acquittal insofar as accused No.2 was concerned. [Paras 9, 10] [476-B; E-F]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by R. BANUMATHI, J. 1. This appeal is preferred by the State of Gujarat arising from the judgment and order dated 05.03.2009 in Criminal Appeal No.127 of 2001, in and by which the High Court of Gujarat acquitted the accused No.2-Kalusinh @ Harpalsinh Bhamarsinh from the offence under Section 302 and other offences. 2. Case of prosecution is that on 23.11.1997 at about 9.00 p.m. accused No.1-Ashok Singh Jayendra Singh, accused No.2-Kalusinh, accused No.3-Gayendra Singh, accused No.4-Balbadhra Singh, accused No.5-Dhermandra Singh along with their serva
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →