Back
HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Chaudhari Nagjibhai alias Rameshbhai Sagrambhai – 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 21.12.2017 passed by the learned Sessions Judge, Mehsana in Sessions Case No.28 of 2017 by which the appellant has been convicted under Sections 302, 323, 504 read with Section 114 of the IPC and Section 135 of the Gujarat Police Act, and sentenced as tabulated as under:
| Conviction under Section | Imprisonment | Fine | In default of fine to undergo |
| 302 of IPC | Life imprisonment | Rs.5000/- | RI for five months |
| 323 of IPC | RI for one year | Rs.1000/- | RI for one month |
| 504 of IPC | RI for one year | Rs.1000/- | RI for one month |
| 135 of G.P. Act | SI for one year | Rs.1000/- | SI for one month |
The trial court ordered that the sentences imposed on the appellant shall run concurrently.
2. The case of the prosecution leading to the conviction of the appellant sole accused Chaudhary Nagji @ Ramesh Sagram is as follows:
(A) On 04.11.2016 at about 03:00 o’clock, the appellant accused took a knife from his pan-shop and inflicted a blow on the right side of the deceased’s chest, as a result of which, the deceased Laxmanji succumbed to i
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 distinction between murder and culpable homicide hinges on the accused's intent; insufficient evidence of intent led to reclassification from murder to culpable homicide.
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.
(1) Intention of a person cannot be proved by direct evidence but is to be deduced from the facts and circumstances of a case – ‘Intent’ and ‘knowledge’ cannot be equated with each other – They conno....
Unintentional homicide is not murder under Section 302 of 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 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 distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
