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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Mukeshbhai Shankarbhai Patani – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
SANDEEP N. BHATT, J.
1. By way of present Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC”), the appellant - original convict has challenged the judgment and order dated 31.10.2012 passed by the Additional District and Sessions Judge, Banaskantha-Palanpur in Sessions Case No.79 of 2011, by which, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as “ IPC ”) and sentenced to undergo rigorous imprisonment for life with fine of Rs.500/-, in default, to undergo simple imprisonment for 15 days.
2. The Appeal came to be admitted on 7.5.2013. The Registry has received the Record and Proceedings along with the paper-book which has been supplied to the learned advocate for the respective parties.
3. The case put forward by the prosecution is as under :
3.1 That the complainant-Prakashbhai Punambhai Patani was engaged in the business of vending fruits on chhapi highway road near pick-up stand. On 31.8.2011, at about 8.00 a.m., the complainant had come to his place of business and his brother Mahesh had also come on the chhapi highway, near petrol pum
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.
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
The main legal point established in the given judgment is that the appellant's act was committed on the spur of the moment, without premeditation, and without taking undue advantage or acting in a cr....
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 court established that the presence of intention to kill, the nature of the weapon used, and the circumstances of the quarrel are critical in determining whether an act constitutes murder or a le....
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 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 ruled that a sudden quarrel without premeditation led to a conviction under Section 304 Part II IPC, rather than murder under Section 302 IPC.
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