Supreme Court of India · 2011-11-03
Ashokkumar Magabhai Vankar vs State Of Gujarat
- Citation / case number
- AIR 2012 SC (CRIMINAL) 31
- Court
- Supreme Court of India
- Petitioner
- Ashokkumar Magabhai Vankar
- Respondent
- State Of Gujarat
- Bench
- Chandramauli Kr. Prasad, H.L. Dattu
Judgment text excerpt
The Supreme Court upheld the conviction under Section 302 IPC for murder, affirming the findings of the Trial Court and High Court. The Court found that the accused's act of striking the deceased with a wooden pestle, resulting in multiple skull fractures, demonstrated both intention and knowledge of the likely fatal consequences. The argument for reducing the charge to Section 304 Part II IPC was rejected, as the evidence clearly established the intent to kill, thus warranting the conviction under Section 302 IPC.