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ILESH J. VORA, S. V. PINTO
Arjunbhai Kadiyabhai Gamit – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(S.V. Pinto, J.)
1. These appeals have been filed by the appellants - original accused Nos. 1 and 2 and 3 respectively under Section 374 of the Code of Criminal Procedure against the judgement and order dated 18.09.2014 passed by the learned Sessions Judge, Tapi at Vyara (here in after referred to as the ”learned Trial Court”) in Sessions Case No. 09 of 2014. Both the appeals have arisen out of the same impugned judgement and order and hence, are disposed off by this common judgement.
The appellants are referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts necessary to decide the appeal are in a nutshell as under:
2.1 As per the case of the prosecution on 01.12.2013, at around 06.30 hours in the Big Street at Village Karanjvel, Taluka Vyara, District Tapi, all the accused demanded the two vighas land belonging to Kadiyabhai Dhanjibhai Gamit for cultivation and as he refused to give the land for cultivation to them, all the accused took sticks and hit him on his back, hands, legs, and other parts of his body and he sustained fracture injuries on his left hand and left leg and t
The court ruled that a sudden quarrel without premeditation led to a conviction under Section 304 Part II IPC, rather than murder under Section 302 IPC.
The court found that the appellants' actions during a sudden quarrel constituted culpable homicide not amounting to murder, justifying a conviction under Section 304 Part II of the IPC.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
The court established that a homicide committed in a sudden fight without premeditation and without taking undue advantage can be classified as culpable homicide not amounting to murder under Excepti....
Unintentional homicide is not murder under Section 302 of IPC.
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
The court established that the presence of intention to kill, the nature of the weapon used, and the circumstances of the quarrel are critical in determining whether an act constitutes murder or a le....
Fatal blow inflicted on head of victim with great force will constitute offence of murder.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
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