The case stems from a tragic incident that took place on November 7, 2000, in Godhra, Gujarat. The dispute originated from a matrimonial conflict between Abbasbhai Idrishbhai Mithiborewala and his wife, Onejaben, the daughter of Asgarali Onali Lokhandwala. On the day of the incident, Abbasbhai had gone to the residence of his father-in-law, Asgarali, to bring back his wife, who had refused to return home with him. This resulted in a heated exchange, leading to a violent altercation that tragically culminated in the death of Idrishbhai Fidaali Mithiborewala, Abbasbhaiโs father.
Legal Issues Involved:
The core legal issues revolved around the applicability of the charges under the Indian Penal Code (IPC). The accused, Asgarali Onali Lokhandwala and his son Hussainbhai Asgarali Lokhandwala, were initially convicted under Section 304 Part I IPC by the trial court, which pertains to culpable homicide not amounting to murder, with intent to cause death or such bodily injury as is likely to cause death. The High Court later altered the conviction to Section 304 Part II IPC, indicating that while the act was committed with the knowledge that it was likely to cause death, there was no intent to cause death or such bodily injury as would likely cause death.
Court’s Decision:
The Supreme Court, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, reviewed the appeals in Criminal Appeal Nos. 1691, 1692, 1693-1695 of 2023. The Court’s analysis led to the conclusion that the incident occurred in the heat of the moment, without premeditation, and that the emotions of the young accused, Hussainbhai, who was only 18 years old at the time, played a significant role in the tragic outcome.
The Court observed that the altercation escalated due to the existing matrimonial discord and that Hussainbhai, in a state of heightened emotion, fatally stabbed Idrishbhai and injured Abbasbhaiโs brother. Considering the circumstances, the Supreme Court concurred with the High Court’s alteration of the conviction from Section 304 Part I to Section 304 Part II IPC but further reduced the sentence of Hussainbhai to the period already undergone.
Important Observations:
Justice Ujjal Bhuyan noted, โThe entire incident had occurred in the heat of the moment and neither party could control their anger which ultimately resulted in the fateful incident.โ This observation was pivotal in the Court’s decision to reduce the sentence.
The Court acknowledged the youth and emotional state of Hussainbhai, stating that the tension arising from the strained relations between his sister and her in-laws likely overwhelmed him, leading to the unfortunate events.
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Case Details
– Case Number: Criminal Appeal No. 1691 of 2023
– Bench: Justice Abhay S. Oka and Justice Ujjal Bhuyan
– Appellant: Hussainbhai Asgarali Lokhandwala
– Respondent: State of Gujarat
– Lawyers: Mr. Nikhil Goel represented the appellant, while Ms. Archana Pathak Dave appeared for the State of Gujarat, and Ms. Meenakshi Arora represented the informant.
