| ASPECTS | DETAILS |
|---|---|
| Case Title | Hussainbhai Asgarali Lokhandwala vs. State of Gujarat |
| Introduction | The case involves appeals related to a family dispute that escalated to a fatal confrontation, leading to a conviction under Section 304 of the IPC. |
| Factual Background | The incident occurred when Abbasbhai, the husband of Onejaben, tried to take his wife back from her parents’ house, resulting in a quarrel and fatal injuries to Idrishbhai Fidaali Mithiborewala. |
| Legal Issues | The primary issue was whether the accused’s actions amounted to murder under Section 302 IPC or culpable homicide under Section 304 IPC. |
| Applicable Law | Sections 304 Part I, 304 Part II, 302, 323, and 324 of the Indian Penal Code, 1860; Sections 313 of the Code of Criminal Procedure, 1973. |
| Analysis | The courts examined the evidence to determine whether the accused acted in self-defense or were the aggressors, leading to a reclassification of the charges. |
| Conclusion | The conviction was altered from Section 304 Part I to Section 304 Part II, with the appellant being sentenced to five years of rigorous imprisonment. |
| Current Scenario | The Supreme Court’s decision has set a precedent for similar cases involving self-defense and the distinction between murder and culpable homicide. |
CASE SUMMARY – In this case, the Supreme Court dealt with multiple criminal appeals arising from a family dispute that led to the death of Idrishbhai Fidaali Mithiborewala. The case involved the re-evaluation of charges under Section 304 Part I and II of the Indian Penal Code (IPC), with the primary issue being whether the appellants’ actions constituted murder or culpable homicide not amounting to murder. The Supreme Court ultimately altered the conviction from Section 304 Part I to Section 304 Part II, sentencing the appellant to five years of rigorous imprisonment.
SOURCE – SUPREME COURT OF INDIA
