MIRZA HIDAYATULLAH BAIG Vs. SPATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been pressed on the limited point of the applicability of S. 302 to the present case. Mr. Kohli appearing for the appellant has contended that having regard to the facts and circumstances of this case and the pasture of the weapon used, it cannot be said that the appellant intended to cause the death of the deceased Akhtar Hussain. The Evidence shows that an altercation started over the passing of dirty water through the drain in front of the house of the deceased. An altercation followed in course of which the appellant is said to have given a cane stick blow to the deceased. The weapon was merely a walking stick and would not have normally caused the death of the deceased. In the circumstances we are satisfied that the appellant did not have the intention to cause the particular injury which has resulted from the blow given to the deceased. But as the appellant aimed the blow at the head of the deceased which is a vital part of the body, there can be no doubt that he must be presumed to have the knowledge that death was the likely result of his act. In these circumstances, this case clearly falls within the ambit of S. 304 (ii). I. P. C. We therefore alter the conviction of the appellant from S. 302, I. P. C. to S. 304, Part II and reduce the sentence to the period already undergone as we understand that the appellant who was not granted bail has already served about 6 years. With this modification, the appeal is dismissed.