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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK
Rashmikant @ Jalio Satishbhai Parmar – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(ILESH J. VORA, J.)
1. This conviction appeal is filed by the appellant –original accused, against the judgment of conviction and order of sentence dated 07.03.2014, passed by the learned Additional Sessions Judge, Anand in Sessions Case no. 118 of 2011, wherein, the appellant - Rashmikant @ Jalio Satishbhai Parmar came to be tried for offences punishable under Sections 302, 307 and 504 of the Indian Penal Code, 1860 (‘IPC’, for short).
2. At the end of the trial, the appellant came to be convicted and sentenced as tabulated hereunder:
| Conviction under Section | Sentence of imprisonment | Fine |
| S.302 of IPC | Life imprisonment | Rs.25,000/-, in default to undergo three months simple imprisonment |
| S.307 of IPC | Seven years rigorous imprisonment | Rs.10,000/-, in default to undergo two months simple imprisonment |
| S.504 of IPC | Three months simple imprisonment | Rs.5000/-, in default to undergo one month simple imprisonment |
3. Brief facts which are necessary to dispose of the present appeal are in nutshell as under:
3.1 The appellant – sole accused Rashmikant Satishbhai Parmar was charged for the murder of one Jabir Shaikh, resident of Village Borsad, Dist.: Anand. The incident took place on 20.07.2011 at a
The court upheld the conviction for murder based on credible eyewitness testimony and medical evidence, rejecting claims of false implication and communal riot.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
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 testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
Culpable homicide distinguished from murder based on intention and knowledge; knowledge suffices for conviction under Section 304(II) of IPC, while failure to explain accused injuries does not negate....
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
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