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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Adhar @ Bapu Lakha Chitte – 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 28.03.2016 passed by the Sessions Court, Surat in Sessions Case No.341 of 2013 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.30,000/- and in default of payment of fine, to further undergo additional imprisonment for 9 months.
2. Case of the prosecution, in short is that, the deceased Premilaben was living with the appellant-accused in a live in partnership relations. She had a son born out from her husband with whom she got married. The deceased and the accused belongs to lower strata of the society and doing masonry work at Surat. In the area of Udhna, Magdalla Road, Surat, they had lived in a hut, along with other labourers who were living in the same vicinity.
Despite of their relations, the life of the deceased and the accused was disturbed as the accused was in habit to consume liquor and did not contribute any amount in running the day to day life. The dispute on this issue arose an
The court clarified that actions under intoxication leading to death may constitute culpable homicide not amounting to murder, not murder itself.
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Unintentional homicide will not come under Section 302 of IPC.
The dying declaration and complaint were considered credible evidence, and the absence of a doctor's endorsement on the dying declaration was not considered significant. The court applied Section 106....
The court upheld the conviction for murder under Section 302 IPC, affirming that the evidence established the appellant's guilt beyond a reasonable doubt despite claims of accidental death.
A statement can be treated as a dying declaration under Section 32(1) of the Evidence Act, constituting valid evidence if it inspires confidence, even if it was recorded under Section 161 of CrPC, an....
The court established that the distinction between murder and culpable homicide hinges on the intent of the accused, with Section 304 Part-I applicable when the act does not demonstrate a clear inten....
The central legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC, and the application of this distinction to deter....
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