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A. S. SUPEHIA, VIMAL K. VYAS
Anishbhai Abbasbhai Kureshi – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
A.S. Supehia, J.
1. The present Criminal Misc. Application has been filed seeking suspension of sentence. We have already scaled the evidence pointed out by learned advocate Mr.P.V.Patadiya appearing for the applicant-appellant. We are inclined to take up the main Criminal Appeal. The appellant-convict has already completed 8 years, 2 months and 26 days of incarceration as on 29th April 2024.
2. The present Criminal Appeal is directed against the judgment and order dated 24th November 2017 passed by learned 5th Additional Sessions Judge, Banaskantha at Palanpur, in Sessions Case No.53 of 2015.
3. By the aforesaid judgment and order of conviction and sentence, the appellant-accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.2,000=00 and in default of payment of fine, to further undergo simple imprisonment for six months.
4. The case of the prosecution, as per the Charge Exh.20, is that on 2nd June 2015 at around 20:00 hours, the complainant and her son, while they were sitting for begging, the present appellant-accused came over and quarrelled with the complainant and
The central legal point established in the judgment is the application of the principles of intention and knowledge under Section 300 of the IPC to determine the culpability of the appellant-accused ....
Unintentional homicide is not murder under Section 302 of IPC.
The court clarified the distinction between murder and culpable homicide, emphasizing the need for intent and knowledge in determining the nature of the offense.
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
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