The court upheld the conviction for culpable homicide under Section 304 Part II, emphasizing the absence of intent to kill and the act being committed in the heat of passion.

JUDGMENT :

ILESH J. VORA, J.

1. Here is the appeal by the State against judgment and order of acquittal.

2. The respondent accused nos.2 to 4 have been acquitted from all the charges whereas respondent no.1 was convicted and sentenced under Section 304 Part-II of the IPC, and acquitted for the charge of murder.

3. Thus, by this appeal, the State has come up before this Court challenging the judgment of acquittal under Section 302 of the IPC.

4. Vide judgment and order of sentence dated 30.05.2014 passed in Sessions Case No.63 of 2012, the Sessions Judge, Kheda at Nadiad convicted and sentenced the respondent accused Bhalabhai Pratapbhai Parmar for the offences punishable under Section 304 Part-II of the IPC and sentenced him to suffer rigorous imprisonment for 5 years and acquitted the respondent accused nos.2 to 4 from all the charges.

5. Facts in brief leading to file this appeal are as under:

5.1 The accused and the complainant PW:1 Ramesh Parmar are related to each other and living adjacent to each other at Village Padva, Balasinor, Dist.: Kheda. On 22.04.2012, at about 06:30 p.m., according to the case of the prosecution, the respondent accused Bhalabhai caused fatal injuries to the wife of PW:1, Radhaben, by using a cricket bat and the blow was inflicted on the head of the deceased. Prior to the incident, the altercation with the PW:1 took place on the issue of maintaining illicit relationship by the PW:1 with daughter in law of the respondent accused. According to the say of PW:1, the respondent accused beaten up him as he was suspecting the illicit relationship with the daughter in law. On account of the said altercation, the PW:1 lodged an FIR for causing voluntary injuries against the respondent accused and police was in search of the respondent accused. On the day of incident i.e. 24.04.2012, again the altercation took place between the respondent accused and PW:1 near the Panshop of the village. Thereafter, the respondent accused came at his house and suddenly, taking the cricket bat in his hand, in the heat of passions, upon sudden quarrel assaulted the deceased Radhaben with cricket bat. It is further alleged that the accused Champaben Pratapbhai, the mother of the respondent accused and accused Shardaben Bhalabhai along with Vinesh Bhalabhai, assaulted the PW;1 husband of the deceased and his mother Divaben (PW:15). Deceased after the incident, became unconscious and was taken to private clinic of Dr. Bharat Lalabhai (PW:11), and then, referred to Civil Hospital, Balasinor. On account of the serious injuries suffered by deceased Radhaben, she was admitted in the private hospital viz. Nidhi Hospital at Ahmedabad where she succumbed to her injuries on 24.04.2012. The PW:1 being a husband of the deceased lodged an FIR, against the four persons including the present respondent - accused.

5.2 Pursuant to the FIR, the investigation had been entrusted to PW:18 Dashrathsinh Chavda as well as PW:23 Vimal Gamit. During the investigation, the I.O. took visit the place of occurrence and drew the panchnama and collected the necessary samples for FSL purpose. He also recorded the statement of witnesses. He also arrested the accused involved in the offence, recovered the weapon cricket bat and stump allegedly used by the accused. The I.O. then obtained the treatment case papers as well as the postmorterm note and sent the seized articles for chemical analysis and after receiving the report thereof, chargesheet was led before the jurisdictional Magistrate, who committed case to the concerned Sessions Court.

6. After due framing of charges and upon accused pleaded not guilty, trial commenced before the Sessions Court at Nadiad. Prosecution,