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2025 Supreme(SC) 1903

K. VINOD CHANDRAN, N. V. ANJARIA
Nandkumar @ Nandu Manilal Mudaliar – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mithilesh Kumar Singh, AOR Mr. Ashutosh Kumar Singh, Adv. Mrs. Manju Singh, Adv. Mr. Ashutosh Tiwari, Adv.
For the Respondent(s): Ms. Deepanwita Priyanka, Adv. Ms. Swati Ghildiyal, AOR

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • The case involves a challenge to the conviction of the appellant for murder under Section 302 of the Indian Penal Code (IPC) and related charges (!) (!) .
  • The incident occurred when the appellant inflicted injuries with a knife on the deceased, leading to his hospitalization and eventual death after 13 days due to septicemia (!) (!) .
  • The medical evidence established that the injuries inflicted were capable of causing death in the ordinary course of nature, indicating the appellant's knowledge of the potential lethality of his actions (!) (!) .
  • The trial court initially convicted the appellant of murder, but on appeal, the High Court and the Supreme Court recognized that the act was committed with elements of impulse, anger, and self-provocation, and lacked premeditation (!) (!) .
  • The courts concluded that the appellant did not have the intention to cause death but was aware that his actions could result in death, which qualifies as culpable homicide not amounting to murder under Section 304 Part I of the IPC (!) (!) (!) (!) .
  • Consequently, the conviction was converted from under Section 302 IPC to under Section 304 Part I IPC, with the sentence already served deemed sufficient for justice (!) (!) .
  • The appellant's bail bond was discharged, and the appeal was allowed in part, with all pending interlocutory applications disposed of accordingly (!) (!) .

Please let me know if you need a detailed analysis or specific legal advice regarding this case.


Table of Content
1. details of the incident and the charges (Para 1 , 2 , 3)
2. court's reasoning on evidence and charges (Para 5)
3. conversion of charge from murder to culpable homicide (Para 6 , 7)
4. final order and disposition of the appeal (Para 8 , 9 , 10 , 11)

JUDGMENT

The appellant herein has challenged the judgment and order dated 04.12.2009 passed by the Division Bench of the High Court of Gujarat in Criminal Appeal No.137 of 2000. Thereby the High Court confirmed the judgment and order dated 31.01.2000 of the City Sessions Court, Ahmedabad in Sessions Case No.25 of 1999, convicting the appellant for the offences punishable under Sections 302 and 504, INDIAN PENAL CODE , 1860 (hereinafter referred to as ‘the IPC’). The appellant-convict came to be sentenced to imprisonment for life with fine of Rs.2000/- and in default to undergo simple imprisonment for one year. In respect of the offence under Section 504 , IPC he was sentenced to undergo rigorous imprisonment for one year, to pay fine of Rs.1000/- and to undergo the simple imprisonment in default for three months, both the sentences were to run concurrently.

3. As per the prosecution story, on 12.06.1998 at about 8.00 p.m., t

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