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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P.M. RAVAL
Babubhai @ Dadlabhai Chandubhai Rathwa – Appellant
Versus
State of Gujarat – Respondent
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 Kal
The distinction between murder and culpable homicide hinges on the offender's intention and knowledge of the likely fatal consequences of their actions.
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.
The court found that the appellants' actions during a sudden quarrel constituted culpable homicide not amounting to murder, justifying a conviction under Section 304 Part II of the IPC.
The distinction between murder and culpable homicide not amounting to murder hinges on the offender's intention, with insufficient evidence of intent leading to a reduced sentence.
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 the accused's intention, with sudden provocation potentially reducing the charge from murder to culpable homicide not amounting to murde....
The judgment establishes the importance of proving the accused's intention to cause death or inflict bodily injury likely to cause death in determining whether an offense constitutes culpable homicid....
The court ruled that lack of premeditation and motive in a mother-son homicide allows for conviction under Section 304 Part-II IPC instead of Section 302, reflecting culpable homicide not amounting t....
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