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november 2012

Supreme Court of India · 2012-11-09

SHANTIBHAI J VAGHELA vs STATE OF GUJARAT

Citation / case number
SC 2011/10337
Court
Supreme Court of India
Petitioner
SHANTIBHAI J VAGHELA
Respondent
STATE OF GUJARAT
Author
RANJAN GOGOI P. SATHASIVAM
Bench
RANJAN GOGOI P. SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the criminal case against the accused under Section 304 IPC, while allowing proceedings under Section 304A IPC and Section 23 of the Juvenile Justice (Care and Protection) Act, 2000 to continue. The Court emphasized that the evidence did not substantiate the charge of culpable homicide under Section 304 IPC, establishing that mere negligence does not amount to culpable homicide. The appeal was dismissed, affirming the High Court's order.

SHANTIBHAI J VAGHELA vs STATE OF GUJARAT · Niyam