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VIMAL K. VYAS
State Of Gujarat – Appellant
Versus
Kuldipsinh Nirmalsinh Gohil – Respondent
JUDGMENT :
Vimal K. Vyas, J.
1. The present appeal has been preferred by the appellant – State under Section 377 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) and is directed against the judgment and order of conviction and sentence dated 27.12.2023 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.11 of 2023.
2. By the aforesaid judgment and order of conviction and sentence, the trial court, after appreciating the evidence on record, held the present respondent-accused guilty and convicted him for the commission of offence punishable under Section 304 Part-II of the Indian Penal Code instead of one under Section 302 of the Indian Penal Code, for which the respondentaccused was charged. Consequently, the trial court sentenced the respondent-accused to suffer rigorous imprisonment for seven years with a fine of Rs.20,000=00, and in default of payment of fine, to undergo further simple imprisonment for one year.
3. The case of the prosecution, in nutshell, is that, on 24.07.2022 at about 2:30 in the afternoon at Derasarvali Sheri Chowk, Nodhanvadar, the present respondent-accused, keeping a grudge over an earlier dispute where a rape case was filed aga
The appellate court upheld the trial court's discretion in sentencing, affirming that the findings were just and proper, with no grounds for interference.
The court upheld the trial court's sentencing discretion, affirming that interference is only warranted when a sentence is manifestly inadequate.
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The court ruled that the Appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of premeditation and presence of heat of passion.
The main legal point established in the judgment is the consideration of the intention and knowledge of the accused in causing the death of the deceased, and the application of relevant case laws to ....
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
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