The distinction between murder and culpable homicide hinges on the presence of premeditation and specific intent. A fatal act committed spontaneously during a sudden quarrel without prior enmity qualifies as culpable homicide not amounting to murder, rather than murder, provided there is no intent to cause lethal injury.

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. The present Criminal Appeal is preferred by the appellant-accused under Section 374(2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment and order dated 22.01.2016 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No.7 of 2015, whereby the appellant has been convicted for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, "IPC"). The learned Sessions Court sentenced the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only), and in default of payment of fine, to suffer simple imprisonment for six months under Section 302 IPC.

2. Prosecution case briefly stated as follows:

2.1 That the complaint Ravjibhai Govindbhai Chauhan, husband of the deceased, is resident of Songarh, Dist Bhavnagar. The complainant used to live at Songarh, with his family including two sons wherein elder one Chetanbhai and the younger Nileshbhai used to live at Ahmedabad. Chetanbhai got married to Paritaben four years back and almost one and a half years ago they got divorced and therefore Chetanbhai was living with his mother and father at Songarh. It is further the case of prosecution that on 29/9/2014., at around 7.30 AM., the complainant was at his shop and his wife Kantuben and his son Chetan, were alone at home. There was a scuffle between his wife and son Chetan, on the issue of having tea and going to work and complainant called his wife to his shop to maintain peace at home. Thereafter, ten minutes later, she went to her home at around 8.15 a.m. saying that she will come back within 10 or 15 minutes to the shop however she didn't turn up to the shop and complainant went home to check where he saw that his son Chetan ran away while his wife was seriously injured and lying on bed. There were two injuries on the back of her forehead and one injury on front side of her forehead. On listening his voice, his neighbours and relatives, ran and she was taken to the nearest clinic on rickshaw, from where 108 ambulance was called and she was taken to Bhavnagar Government Hospital. On reaching Govt. Hospital, the doctor on duty declared her brought dead. Thus, it is the case of prosecution that appellant – accused in response to the quarrel took place with his mother suddenly got excited and inflicted blows with iron mortar on her head and thereby caused her death.

2.2 After registration of the FIR, the investigating officer took up the investigation of the crime, arrested the accused produced him before the learned Judicial Magistrate First Class, and upon it being established that a prima facie offence was made out against the accused, filed a charge-sheet under Sections 302 of the Indian Penal Code as well as Section 135 of the Gujarat Police Act. Since the offences charged were exclusively triable by the Court of Sessions, the learned Judicial Magistrate First Class, committed the case to the learned Sessions Court, Surat, where it was registered as Sessions Case No. 7 of 2015.

2.3 Accordingly, charge was framed against the accused to which the accused pleaded not guilty and claimed to be tried. His statement under Section 313 of the Code of Criminal Procedure, 1973 and thereafter the case proceeded accordingly.

3. The prosecution has examined numbers of prosecution witnesses and produced and relied upon documentary