K. VINOD CHANDRAN, N. V. ANJARIA
Nandkumar @ Nandu Manilal Mudaliar – Appellant
Versus
State of Gujarat – Respondent
Based on the provided legal document, the key points are as follows:
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| 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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