Back
2025 Supreme(Guj) 2019
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL, JJ.
Babubhai @ Dadlabhai Chandubhai Rathwa – Appellant
Versus
State of Gujarat – Respondent
Criminal Appeal No. 922 of 2013
Decided On : 16-09-2025
For the Appellant : Yogendra Thakore
For the Respondent: L.B. Dabhi
The distinction between murder and culpable homicide hinges on the offender's intention and knowledge of the likely fatal consequences of their actions.
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 304 - Appeal against conviction for murder - The appellant contested conviction, arguing that the act was not intended to cause death - The trial court found the appellant guilty based on the sole eyewitness, the minor son of the deceased - The appellant's injuries were acknowledged, but the prosecution's evidence supported culpable homicide - The court distinguished between murder and culpable homicide, emphasizing intention and knowledge in its analysis. (Paras 11, 12, 14)
Facts of the case:
The appellant was convicted for the murder of his wife, who was fatally injured and subsequently disposed of in a well. The prosecution relied chiefly on the testimony of their minor son, who witnessed the incident.
Findings of Court:
The court found that while the appellant caused the death, the circumstances suggested it was culpable homicide not amounting to murder, leading to a conviction under Section 304.
Issues: Whether the act constituted murder or culpable homicide not amounting to murder was central to the appeal.
Ratio Decidendi: The court ruled that the evidence indicated a lack of intent to kill while recognizing knowledge of likely fatal injury, qualifying for culpable homicide under Section 304.
Result: Appeal partly allowed; conviction under Section 302 set aside, reclassified under Section 304 with appropriate sentencing.
JUDGMENT :
ILESH J. VORA, J.
1. Being aggrieved by the judgment of conviction and order of sentence dated 19.12.2009, passed in Sessions Case No. 178 of 2008, by the learned Additional Sessions Judge, Modasa at Himmatnagar, against the appellant-sole accused, the appellant has preferred this appeal on the grounds mentioned in the appeal memo.
2. The appellant was prosecuted and tried by the Sessions Court for the offence of murder. The deceased Ramilaben, was the wife of the appellant accused. The appellant accused and his wife being a farm labourer, came to village: Akrund, Dhansura, Arvalli, and living at the farm of Jayantibhai Chhaganbhai in a hut. The minor son Sanjay was also living with the deceased and appellant. On 07.08.2008, at about 1-00 p.m., the appellant accused was about to ride his motor-bike but somehow, he did not do it and came into hut where the deceased his wife was preparing the tea and after taking shovel in his hand, he hit the deceased on her head and threw her into the well situated at the farm itself. After incident, the accused fled away from the spot. Minor son – Sanjay PW-14 being eye-witness of the incident, immediately, contacted his maternal uncle Kalabhai and informed him about the incident and manner in which his mother was murdered by the accused – father. The cultivator of the farm Ashokbhai, was informed by Kalabhai about the incident. The Dhansura Police received a information about the incident. The FIR came to be registered against the accused for the offence of murder. The dead body of the deceased was taken out of the well. During the course of investigation, the IO recorded the statement of the witnesses and the statement of minor son Sanjay came to be recorded under Section 164 of the Cr.P.C. by the Judicial Magistrate. The appellant accused was arrested. After completion of the investigation, the chargesheet was filed before the jurisdictional magistrate, who had committed the case to the court of Sessions and the same was culminated into Sessions Case No. 178 of 2008. The charges were framed against the accused.
3. The prosecution in order to prove the charge, examined as many as 20 witnesses and exhibited 35 documents.
Oral evidence
| PW 1 – Exh.13 | Bharatbhai Narsinhbhai Patel, Panch witness |
| PW 2 – Exh.16 | Ishwarbhai Gobarbhai Patel, Panch witness |
| PW 3 – Exh.21 | Rajeshbhai Likhabhai Panchal, Panch witness |
| PW 4 – Exh.26 | Lakhansingh Jagbahadursingh Rajput, Panch witness |
| PW 5 – Exh.32 | Shanabhai Kodarbhai Prajapati, Panch witness |
| PW 6 – Exh.34 | Galaji Balaji Makwana, Panch witness |
| PW 7 – Exh.36 | Kantibhai Luvjibhai Patel, Panch witness |
| PW 8 – Exh.37 | Ashokbhai Somabhai Patel, Complainant |
| PW 9 – Exh.39 | Sangeetaben Kadabhai Bamaniya |
| PW10 – Exh.40 | Kadabhai Dhulabhai Thakor |
| PW11 – Exh.41 | Baldevsinh Mohansinh Zala |
| PW12 – Exh.44 | Rameshbhai Mohanbhai Bamaniya |
| PW13 – Exh.46 | Girishbhai Revabhai Vadal |
| PW14 – Exh.50 | Sanjaykumar Babubhai Rathwa |
| PW15 – Exh.51 | Dr. Kamleh Bhagwanbhai Parmar |
| PW16 – Exh.57 | Dr. Satish Joitabhai Prajapati |
| PW17 – Exh.61 | Praveensinh Jawansinh Rathod, PSO |
| PW18 – Exh.65 | Jayantibhai Bhecharbhai Patel, Circle Officer |
| PW19 – Exh.68 | Mukeshbhai Dilipbhai Upadhaya, IO |
| PW20 – Exh.78 | Atulkumar Kantilal Patel, IO |
Documentary evidence
| Exh.14 | Inquest Panchnama |
| Exh.17-20 | List of articles recovered from the place of offence and slips |
| Exh.22 | Panchnama of clothes of deceased |
| Exh.23 -25 | Signed slips of panch witness for the clothes of deceased Ramilaben |
| Exh.27 -28 | Signed slips of panch witness for the clothes of accused |
| Exh.29 | Panchnama of state of body and clothes of accused |
| Exh.35 | Recovery Panchnama |
| Exh.38 | Complaint |
| Exh.52 | PM report |
| Exh.53 | Accused medical certificate |
| Exh.54 | Police yadi for treatment of accused to medical officer C.H.C Dhansura |
| Exh.55 | Police yadi for PM report of deceased to medical officer C.H.C Dhansura |
| Exh.56 | Medical case paper of accused Babubhai Chandubhai Rathva |
| Exh.58 | Medical certificate of accused Babubhai Chandubhai Rathva |
| Exh.59 | MLC Case paper no.2914 of accused Babubhai Chandubhai Rathva |
| Exh.60 | MLC Case paper no.2961 of accused Babubhai C |
