Gujarat High Court Restores Murder Conviction in Ishwarji Thakor Case

Trial Court's Misapplication of Exception 4 to Section 300 IPC Overturned; Ishwarji Thakor Convicted of Murder

In a pivotal judgment, the Gujarat High Court has overturned a trial court's ruling, restoring the conviction of Ishwarji Sursanji Thakor for murder under Section 302 of the Indian Penal Code (IPC). The Division Bench, comprising Justices Aniruddha P. Mayee and J. L. Odedra, found that the trial court erroneously invoked Exception 4 to Section 300 IPC, which pertains to acts done in sudden fights without premeditation.

The case originated on October 20, 2000, when Varshaben, the victim, was fatally stabbed by her husband, Ishwarji Sursanji Thakor, following an argument over her return to her matrimonial home. The trial court had acquitted Thakor of murder charges and instead convicted him under Section 304 Part-I, sentencing him to seven years of rigorous imprisonment. The trial court's decision was based on the belief that the crime occurred in a sudden heat of passion, falling under Exception 4 to Section 300 IPC.

However, the High Court's detailed examination revealed that the criteria for Exception 4 were not met. The court noted that Thakor had premeditated the attack, bringing a knife to the scene and inflicting multiple stab wounds on Varshaben. The absence of mutual provocation or a sudden fight, along with the cruel manner of the attack, negated the applicability of Exception 4.

The High Court relied on precedents, including Supreme Court judgments, to clarify that a "sudden fight" requires mutual provocation and blows from both sides, none of which were present in this case. The court emphasized that Thakor took undue advantage of the situation, acting with premeditation and in a cruel and unusual manner.

The court's decision reinstates the murder conviction under Section 302 IPC, underscoring the importance of correctly interpreting legal exceptions. The sentencing for Thakor is set to be addressed in a subsequent hearing.

Bottom Line:

Applicability of Exception 4 to Section 300 IPC - Parameters such as "mutual provocation," "blows on each side," absence of premeditation, sudden fight, and absence of undue advantage or cruel/unusual conduct must be satisfied to invoke Exception 4 - Mere assumptions or community-based behavioral tendencies cannot justify invoking Exception 4 when the act involves premeditation, infliction of multiple knife blows on vital parts, and cruel conduct.

Statutory provision(s): Indian Penal Code, 1860 - Section 300 Exception 4, Section 302, Section 304 Part-I, Code of Criminal Procedure, 1973 - Section 378, Section 313, Bombay Police Act - Section 135

State of Gujarat v. Ishwarji Sursanji Thakor, (Gujarat)(DB) : Law Finder Doc Id # 2815039