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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
Sujabhai Vibabhai Bhil – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(ILESH J. VORA, J.)
1. This Criminal Appeal preferred by the sole appellant accused herein under Section 374(2)of the Cr.P.C is directed against the judgment of conviction and sentence dated 30.10.2017 passed by the learned 4th Additional Sessions Judge, Kutch at Anjar in Sessions Case No. 113 of 2015, by which, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and fine of Rs.10,000/-, in default thereof, further simple imprisonment of 6 months.
2. The case of the prosecution leading to the conviction of the appellant Suja Vibhaibhai Bhil, is as follows :
2.1 The incident of murder took place on 23.05.2013 at about 8-00 PM. The place of incident was Sahunagar, Sector 6, village: Adhoi, Tal.: Bhachau, Dist.: Kutch. The deceased Babubhai Arjan Bhil was happened to be the uncle of the accused. According to prosecution case, the appellant infected a blow on the neck of the deceased with the weapon scythe (dhariya) which resulted into rupture of the vessels. The deceased was declared brought dead at Bhachau Civil Hospital. The brother of the deceased being eye-witness Manjibhai Bhil, lodged an FIR on 24.05.2
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.
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.
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 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....
(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....
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 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.
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