Gujarat High Court Commutes Death Sentence in Murder Case; Emphasizes Pre-Sentencing Protocols
Accused Pradeep Kori's Death Sentence Reduced to Life Imprisonment; Naresh Kori Acquitted of Murder Charges
The Gujarat High Court, on October 14, 2025, issued a landmark judgment in the case of the murder of Pankaj Pandurang Patil, commuting the death sentence of accused Pradeep Kori to life imprisonment. The Court acquitted co-accused Naresh Kori of murder charges due to lack of evidence of shared common intention. The judgment emphasized the necessity for trial courts to conduct thorough pre-sentencing hearings, considering both mitigating and aggravating circumstances before imposing the death penalty.
The case involved a dispute between the deceased and the accused over the alleged theft of petrol, which escalated into a violent altercation resulting in the death of Pankaj Patil. The initial judgment by the Additional Sessions Court in Ahmedabad had convicted both brothers under Section 302 of the Indian Penal Code, sentencing them to death.
The High Court, however, found that the trial court failed to conduct a proper pre-sentencing hearing as required under Section 235(2) of the Criminal Procedure Code. The court also noted the absence of "special reasons" under Section 354(3) of the CrPC for awarding the death penalty, a requirement for such a severe sentence.
The judgment underscored the importance of evaluating the possibility of reformation and rehabilitation before imposing the death penalty, aligning with the principles laid down by the Supreme Court in various precedents. The Court took into account the socio-economic background and the potential for reformation of the accused, which were not adequately considered by the trial court.
In its detailed analysis, the Court highlighted discrepancies in the dying declarations and the lack of concrete evidence linking Naresh Kori to the murder with a common intention. Consequently, Naresh Kori was acquitted of murder charges but convicted under Section 323 IPC for causing simple injuries to the victim's father.
The High Court's judgment serves as a significant reminder for trial courts to adhere to procedural fairness and thorough consideration of all circumstances before deciding on capital punishment, reinforcing the judicial commitment to justice and reformation.
Bottom Line:
The court commuted the death sentence of the accused Pradeep Kori to life imprisonment and acquitted accused Naresh Kori of murder charges due to lack of evidence of shared common intention - The court emphasized the need for trial courts to ensure adequate pre-sentencing hearings and to consider mitigating and aggravating circumstances before awarding the death penalty.
Statutory provision(s): Indian Penal Code, 1860 - Sections 302, 323, and 34; Criminal Procedure Code, 1973 - Section 235(2) and Section 354(3).
State of Gujarat v. Naresh Bhai, (Gujarat)(DB) : Law Finder Doc Id # 2795598
