Gujarat High Court Acquits Vipulbhai Patani in Double Murder Case Citing Incomplete Chain of Circumstances

Acquittal based on lapses in circumstantial evidence, investigative shortcomings, and unproven motive in a case initially resulting in a death sentence.

In a landmark decision, the Gujarat High Court has overturned the conviction of Vipulbhai Bharatbhai Patani, accused of the double murder of his brother and sister-in-law. The court's decision, delivered by Justices Mr. Ilesh J. Vora and P. M. Raval, highlighted significant lapses in circumstantial evidence, investigative procedures, and the prosecution's failure to establish a motive beyond reasonable doubt.

The case, which initially led to a death sentence for Patani, revolved around the brutal murder of his brother, Vikkibhai, and sister-in-law, Twinkleben, in August 2017. The prosecution's case was based entirely on circumstantial evidence, alleging that Patani had committed the murders due to familial disputes over a love marriage deemed inappropriate by societal norms.

The judgment pointed to several critical flaws in the prosecution's case:

• 1. Incomplete Chain of Circumstances: The court found missing links in the chain of evidence required to conclusively establish the guilt of the accused. Key pieces of evidence, such as the alleged recovery of weapons and the accused's contact with his mother using a mobile phone, were deemed unproven.

• 2. Investigative Lapses: The investigation was criticized for failing to adhere to proper protocols. Notably, the recovery of the alleged murder weapons was not conducted at the instance of the accused but during a routine panchnama, rendering the discovery inadmissible under Section 27 of the Indian Evidence Act.

• 3. Unproven Motive: The court noted that both the families of the deceased and the accused had expressed discontent with the marriage, creating multiple potential motives. The prosecution's focus on Patani as the sole perpetrator was not sufficiently substantiated.

• 4. Scientific Evidence: Forensic analysis, including negative reports for chemical toxins in viscera and uneaten fritters, failed to support the theory that the accused had drugged the victims before murdering them.

• 5. Failure to Establish Guilt Beyond Reasonable Doubt: Citing principles from previous Supreme Court rulings, the bench emphasized that in cases of circumstantial evidence, the prosecution must exclude every hypothesis except that of the accused's guilt. The presence of alternative explanations and the prosecution's inability to conclusively link Patani to the crime led to the acquittal.

The court's decision underscores the importance of rigorous standards in criminal investigations and the necessity for the prosecution to establish an unbroken chain of evidence in cases relying on circumstantial evidence. Patani, who has been incarcerated since the initial conviction, will be released following the acquittal, barring any other legal requirements.

Bottom Line:

Circumstantial evidence - Essential conditions for conviction based on circumstantial evidence not fulfilled - Missing links in the chain of circumstances, including motive, recovery/discovery at the instance of accused, and factum of accused contacting mother not proved beyond reasonable doubt - Negative FSL report regarding Lorazepam content in viscera - Slipshod investigation highlighted - Benefit of doubt granted to the accused, leading to acquittal.

Statutory provision(s): Evidence Act, 1872 Sections 24, 25, 26, 27; Criminal Procedure Code, 1973 Section 313 (Now Section 415 under BNSS, 2023); Indian Penal Code Sections 302, 328.

State of Gujarat v. Vipulbhai Bharatbhai Bin Chhappanbhai Patani, (Gujarat)(DB) : Law Finder Doc Id # 2805773