RAMSINH JESINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A short but important question with which this Court is confronted is as to : whether the offence established by the prosecution against the appellant-original accused is a murder punishable under Sec. 302 IPC or culpable homicide not amounting to murder punishable under Sec. 304 Part-II IPC.

(2.) The only contention which came to be advanced before us in the course of hearing of this appeal by the Ld.Advocate for appellant-Mr. Jhala is that in the facts and circumstances of the case the offence established by the prosecution can not be said to be an offence of murder punishable under Sec. 302 IPC. In that it is submitted that the offence established by the prosecution is a culpable homicide not amounting to murder, and therefore, the conviction under Sec. 302 IPC is bad and illegal and the accused can be convicted, at the best, under Sec. 304 Part-II of IPC. He has, further, argued that the accused has been in custody since 21.6.1991 and he has undergone the period in the jail for more than 7 years which should be considered as sufficient. The Ld. APP has opposed and countenanced this submission.

(3.) The question of murder or culpable homicide not amounting to murder has, at times, vexed many a Courts since more than a century. No doubt, there is a thin line, but it is very fine. In order to appreciate the only contention before us, it would be expedient, at this juncture, to refer to relevant material facts emerging from the record of the case.