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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL
Sunil @ Rahul Rajeshbhai Makwana – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
P. M. RAVAL, J.
1. Criminal Appeal No. 735 of 2017 is preferred by the Sunil @ Rahul Rajeshbhai Makwana i.e., Org. Accused No. 1 who has been convicted in Sessions Case No. 364 of 2013 vide judgment and order dated 24.04.2017 passed by the Ld. 7th Additional Sessions Judge, Surat. Whereas, Criminal Appeal No. 895 of 2017 is preferred by the State of Gujarat against the acquittal of Kirit @ Lalu Sumanbhai Rathod and Deepak Kanubhai Solanki i.e., Org. Accused Nos. 2 and 3 respectively in Sessions Case No. 364 of 2013 vide judgment and order dated 24.04.2017 passed by the Ld. 7th Additional Sessions Judge, Surat. The Org. Accused namely Sunil @ Rahul Rajeshbhai Makwana has been convicted under the provisions of Section 302 of IPC and sentenced for life imprisonment and is imposed with fine of Rs. 2,000/- and in default thereof, one month SI. Since both the Appeals arise from the same Session Case, they are decided together.
2. The facts of the captioned Appeals as can be ascertained from the FIR reveal that:-
2.1 On 27.05.2013, Chandrakant Narayan Pawar (PW-7A) lodged a complaint at Khatodara Police Station, Surat, stating that on 26.05.2013, his son Rupesh Pawar had gone out t
Intention to kill is essential for murder conviction; knowledge of likely death suffices for culpable homicide, requiring assessment of overall circumstances and violence nature.
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 distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The main legal point established in the judgment is the distinction between 'culpable homicide amounting to murder' and 'culpable homicide not amounting to murder' under Section 304 of the Indian Pen....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
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 affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
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