
The judgment pertains to a series of criminal appeals arising from an incident involving a familial dispute that escalated into violence, leading to the death of Idrishbhai Fidaali Mithiborewala. The appeals concern the convictions of Hussainbhai Asgarali Lokhandwala and Asgarali Onali Lokhandwala under Section 304 of the Indian Penal Code (IPC) and the subsequent modifications of their sentences by the Gujarat High Court. The Supreme Court examines the contentions regarding self-defense, the role of eyewitnesses, and whether the original conviction under Section 304 Part I IPC should be upheld or further altered.
The case originates from a matrimonial dispute that culminated in the death of Idrishbhai Fidaali Mithiborewala. On November 7, 2000, a confrontation occurred between the families of the deceased and the accused, leading to a violent altercation. The accused were convicted under Section 304 Part I IPC by the trial court, which was later modified by the High Court to Section 304 Part II IPC.
Several appeals were filed challenging the High Court's judgment. The appellants argued that the conviction should be set aside due to self-defense, while the State and the informant pushed for a conviction under Section 302 IPC (murder) instead of the lesser charge of culpable homicide not amounting to murder.
The High Court altered the convictions of the accused from Section 304 Part I IPC to Section 304 Part II IPC, reducing the sentences for one of the accused to the period already served while sentencing the other to five years of rigorous imprisonment.
The Supreme Court's review focuses on the validity of the High Court's modifications, the application of self-defense by the accused, and the credibility of the eyewitnesses presented during the trial. The decision will address whether the altered convictions and sentences were appropriate or if further judicial intervention is necessary.
Case Title: HUSSAINBHAI ASGARALI LOKHANDWALA VERSUS STATE OF GUJARAT
Citation: 2024 LawText (SC) (8) 141
Case Number: CRIMINAL APPEAL NO. 1691 OF 2023 WITH CRIMINAL APPEAL NOS. 1693-1695 OF 2023 WITH CRIMINAL APPEAL NO. 1692 OF 2023
Date of Decision: 2024-08-14