The Supreme Court has dismissed the criminal appeal filed by Mitesh @ T.V. Vaghela and upheld his conviction and sentence for the offence of murder under Section 302 of the Indian Penal Code, along with the offence under Section 135 of the Bombay Police Act. Justice Aravind Kumar, speaking for the Bench comprising Justice Prasanna B. Varale, held that the prosecution had succeeded in proving its case beyond reasonable doubt through the reliable testimony of PW-1 (the complainant and brother of the deceased) regarding the oral dying declaration made by the deceased, which was materially corroborated by the eyewitness account of PW-12. The concurrent findings of the Trial Court and the High Court were found to be justified and did not call for any interference.
The prosecution case was that on 11.12.1998 at about 10:30 p.m., a quarrel took place between the deceased Somabhai Sankabhai Rabari and the appellant on account of the appellant throwing a half-burnt cigarette into the bucket used by the deceased for washing cups and saucers at his tea stall. The deceased narrated the incident and the threat extended by the appellant to the complainant (PW-1). On the next morning (12.12.1998), the deceased was found lying injured near his tea stall. Upon reaching the spot, the deceased disclosed to PW-1 that the appellant had assaulted him with a knife. The deceased repeated the same disclosure several times while being taken to the hospital in an auto-rickshaw, but was declared dead on arrival. During investigation, the appellant was arrested and a knife was recovered at his instance.
The Trial Court convicted the appellant after appreciating the evidence of material witnesses, including PW-1 and PW-12. Though several panch and other witnesses turned hostile, the Courts below placed reliance on the consistent and credible testimony of PW-1 regarding the dying declaration and the eyewitness account of PW-12, who had seen the appellant inflicting the knife blow on the deceased and fleeing from the spot. The Supreme Court independently re-appreciated the evidence and found that the dying declaration made by the deceased was truthful, voluntary and reliable. It stood corroborated by the surrounding circumstances and the testimony of PW-12, whose evidence was found to be cogent, consistent and of sterling quality.
The Court reiterated the settled principle that it is the quality and not the quantity of evidence which is determinative. Even the testimony of a solitary reliable witness, if found wholly trustworthy, can form the basis of conviction. The Court held that the evidence of PW-1 and PW-12, read conjointly, established the motive arising from the prior quarrel, the mens rea and the actus reus, proving the guilt of the appellant beyond reasonable doubt. The medical evidence and recovery of the weapon further supported the prosecution case. The Court rejected the contention that the conviction was unsustainable due to hostile witnesses or alleged contradictions, observing that minor inconsistencies did not affect the core of the prosecution story.
While dismissing the appeal, the Supreme Court granted liberty to the appellant to move an appropriate application for remission of the remaining sentence in accordance with the extant policy, which shall be considered expeditiously.
Case Details:
Title: Mitesh @ T.V. Vaghela v. The State of Gujarat
Case No.: Criminal Appeal No. 212 of 2012
Coram: Justices Aravind Kumar and Prasanna B. Varale
Date of Judgment: 11.05.2026
Click HERE for full Judgment.
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