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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Kasam @ King Mohmadbhai Shaikh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. This criminal appeal preferred by the sole appellant herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 31.03.2014 passed by the Sessions Court, Vadodara in Sessions Case No.86 of 2012 by which the appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo additional imprisonment for 6 months.
2. Case of the prosecution, in short is that, prior to the offence, the appellant-accused was stalking the aunt of the deceased and was following her. The parties are resident of Village:Dabhoi, Dist:Vadodara. The aunt of the deceased PW.8 Shahenaz Mansuri, on 18.01.2012, went to market for purchasing vegetables, but she could not purchase it because the appellant-accused was following her and due to his fear, she came at home without purchasing the vegetables. On arrival of her at home, she narrated the harassment meted out to her to her nephew–deceased Javed who was residing nearby her house at Dabhoi. The deceased after hearing his aunt, had gone to in search of t
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The distinction between murder and culpable homicide hinges on the accused's intention, with sudden provocation potentially reducing the charge from murder to culpable homicide not amounting to murde....
The court distinguished between murder and culpable homicide, concluding that the absence of intent to kill warranted a conviction under Section 304 Part-I instead of Section 302.
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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.
Unintentional homicide is not murder under Section 302 of IPC.
The court distinguished between murder and culpable homicide, ruling that the appellant's act was committed in the heat of passion without premeditation, thus constituting culpable homicide not amoun....
The distinction between murder and culpable homicide hinges on the offender's intention and knowledge of the likely fatal consequences of their actions.
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