MOCHI RAJU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals call in question, judgment and order of the High Court of Gujarat at Ahmedabad, whereby the High Court accepted an appeal filed by the State and set aside an order of the trial court vide which the appellant had been convicted for an offence under Section 304, Part II, Penal Code but given the benefit of Probation of Offenders Act. The High Court reversing the order of the trial court convicted the appellant for offences under Section 302, Penal Code and Section 37 (1) read with 135 of the Bombay Police Act and sentenced him to suffer life imprisonment for the offence under Section 302, Penal Code

(2.) We have carefully gone through the judgments of the trial court and the High Court and have heard learned Counsel for the parties.

(3.) That an incident took place on 30th October, 1984, in which deceased Balubhai Nathalal received a fatal injury by a knife on his chest, has been amply established on the record. It has also been established that the injury was caused with a knife by the Appellant and none else. The background of the incident which has been detailed both by the trial court as well as by the High Court is that on the fateful day, at about 6.15 p.m. while the Appellant, who was working as an employee of P.W. 4, emptied a vessel by throwing water on the side of the hand-cart of the deceased and a few drops of water accidentally fell on the deceased, resulting in an altercation between the Appellant and the deceased. Abuses were exchanged between the two. The deceased abused the Appellant in the name of his mother and sister. On the same day at about 7 p.m., the Appellant was seen chasing deceased Balubhai Nathalal and during the chase also, there was exchange of abuses. When the deceased reached near Delux Chowk, a scuffle and a quarrel ensued between the two. At that point of time, it is the evidence of P.W. 3, that the Appellant took out a knife from his pocket and inflicted a blow on the chest of Balubhai who later on succumbed to the injury. According to the medical evidence, the injury suffered by the deceased was sufficient in the ordinary course of nature to cause death.