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A. S. SUPEHIA, VIMAL K. VYAS
Chandubhai @ Dharmendrabhai Raijibhai Tadvi – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. conviction of the appellant-accused for murder under ipc. (Para 3 , 4) |
| 2. circumstances surrounding the incident and charged offenses. (Para 5 , 6 , 7 , 8) |
| 3. prosecution established case through eyewitness testimony. (Para 10) |
| 4. defense arguments presented by the appellant-accused. (Para 15 , 16 , 17) |
| 5. prosecution's rebuttal of defense arguments. (Para 18 , 19 , 21) |
| 6. evidence supporting prosecution's case. (Para 22 , 24 , 30) |
| 7. analysis of medical evidence related to the cause of death. (Para 25 , 28 , 34) |
| 8. arguments on provocation and exceptions to ipc were rejected. (Para 35 , 40) |
| 9. applicability of exceptions under section 300 of the ipc. (Para 36 , 37 , 39 , 41) |
| 10. final ruling on conviction and sentence. (Para 46 , 47) |
JUDGMENT :
Vimal K. Vyas, J.
1. Pursuant to the order passed by this Court dated 12th December 2023, the present appeal is taken up for final hearing.
2. This Court, while passing the aforesaid order, has considered the fact that the appellant-accused has already undergone more than 12 years of incarceration.
3. The present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), is at the instance of the appellant
The court ruled that intentional acts resulting in death with premeditated aggression qualify as murder, not lesser culpable homicide, emphasizing the necessity of clear evidence in establishing inte....
The court affirmed that evidence must establish intention to commit murder, ruling that provocation claimed by the accused did not mitigate the crime, reaffirming conviction under Section 302 IPC.
The central legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which outlines situations where culpable homicide does not amount to murder, based on the abs....
Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight, (c) without offenders having taken undue advantage or acted in a cruel or unusual manner, and (d) fight....
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....
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The act of the appellant was deemed culpable homicide not amounting to murder due to lack of premeditation and the nature of the quarrel, qualifying for Exception 4 of Section 300 IPC.
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