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ILESH J. VORA, S. V. PINTO
DIPAK CHHAGANBHAI KHIMSURIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. The present appeal is filed by the appellant-original accused under Section 374 of Code of Criminal Procedure, 1973 (old) (‘Cr.P.C.’ in short) against the judgment and order of conviction and sentence dated 19.02.2016 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 32 of 2013, wherein, the appellant came to be tried for offences punishable under Sections 302, 323 and 504 of the Indian Penal Code, 1860 (old) (‘IPC’ for short). At the end of the trial, the appellant came to be convicted under Sections 302 and 504 of IPC and was sentenced as under:
| Sections under IPC | Punishment | Fine | In default |
| 302 | Imprisonment for life | Rs. 2,000/- | SI for three months |
| 504 | RI for six months | Rs. 1,000/- | SI for one month |
2. Facts and circumstances giving rise to file this appeal are as follows:
The court ruled that the appellant's actions constituted culpable homicide under Section 304 Part-II IPC rather than murder under Section 302, due to lack of intent to kill.
Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.
A dying declaration, if made in a fit mental state and corroborated by witnesses, can be sufficient for conviction without the need for further corroboration, emphasizing the sanctity of such stateme....
The court confirmed that a dying declaration can be the sole basis for conviction if found credible, and the intentional act of setting a spouse ablaze constitutes murder, not mere culpable homicide.
Murder – Factor which distinguishes culpable homicide from murder is presence of special mens rea which consists of mental attitudes indicated in Section 300 IPC and unless one of it is attributable ....
Cruelty and murder of wife – Daughter would not falsely depose against her father.
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