State Of Gujarat vs Manojbhai Madhubhai Surti

Gujarat High Court

State Of Gujarat vs Manojbhai Madhubhai Surti on 21 July, 2025

                                                                                                             NEUTRAL CITATION




                              R/CR.A/1095/2013                                ORDER DATED: 21/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1095 of 2013

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                                                         STATE OF GUJARAT
                                                               Versus
                                                     MANOJBHAI MADHUBHAI SURTI
                        ==========================================================
                        Appearance:
                        MS KRINA CALLA, APP for the Appellant(s) No. 1
                        NON BAILABLE WARRANT NOT RECEIVED BACK for the
                        Opponent(s)/Respondent(s) No. 1
                        RULE SERVED for the Opponent(s)/Respondent(s) No. 1
                        ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE CHEEKATI
                                MANAVENDRANATH ROY
                                and
                                HONOURABLE MR.JUSTICE D. M. VYAS

                                                          Date : 21/07/2025

                                                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. As per the judgment dated 24.6.2025 passed in Criminal Appeal No.1095 of 2013, the appeal is allowed and the respondent is found guilty for the offence of murder under Section 302 of IPC. As the respondent was absent on that day, non-bailable warrant was issued against him to secure his presence and to question him on the quantum of sentence to be imposed on him for the aforesaid offence.

2. Pursuant to the non-bailable warrant issued against the respondent to secure his presence to question him on sentence and to impose appropriate sentence against him, police have executed the warrant and arrested him and produced him before the Court today. We have explained to him that he was found guilty for the offence of murder punishable under Section 302 of the Indian Penal Code for Page 1 of 3 Uploaded by R.S. MALEK(HC00180) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 22:02:31 IST 2025 NEUTRAL CITATION R/CR.A/1095/2013 ORDER DATED: 21/07/2025 undefined killing his wife and questioned him regarding quantum of sentence to be imposed against him.

3. He has submitted that he is now aged about 45 years and that he has been suffering from ailment of paralysis and that he has also undergone operation to his brain and that he is physically very weak at present. He further submits that he has five vighas of land and he has given said land to a third party for cultivation and he is living now with the agricultural produce that he got towards his share in the land. Therefore, he has requested to take a lenient view and impose a lesser sentence on him, taking into consideration his health condition. He also physically looks very weak and feeble.

4. The sentence prescribed for the offence of murder under Section 302 of IPC is death or imprisonment for life and he shall also be liable for fine. So the maximum punishment prescribed for offence under Section 302 of IPC is death sentence and the minimum sentence to be imposed is imprisonment for life. Considering the facts and circumstances of the case, this is not a rarest of rare case to impose maximum sentence of death. Therefore, we deem it appropriate to impose the minimum sentence for life against the accused.

5. Therefore, the accused is sentenced to undergo imprisonment for life for the offence punishable under Section 302 of IPC and to pay a fine of Rs.1,000/-. In case, he commits default in payment of fine, he shall undergo simple imprisonment for a period of one month.

NEUTRAL CITATION R/CR.A/1095/2013 ORDER DATED: 21/07/2025 undefined

6. The period of imprisonment, if any, undergone by him at the pre-trial stage and during trial stage shall be given set off under the proviso to Section 428 of Criminal Procedure Code, in case the State considers his case for commutation of his imprisonment under Section 433-A of Criminal Procedure Code, while calculating 14 years of period referred to in Section 433- A of Criminal Procedure Code.

7. In case the convict requires any medical treatment for the ailment, which he is suffering, the concerned jail authorities shall provide adequate medical treatment to him.

(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) R.S. MALEK Page 3 of 3 Uploaded by R.S. MALEK(HC00180) on Mon Jul 21 2025 Downloaded on : Mon Jul 21 22:02:31 IST 2025