GURIYA BUCHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a criminal appeal by one Guriya Bucha of Sanala, Taluka Chhota Udepur, who was convicted under Section 302, Indian Penal Code, for having caused the death of one Bhikhala aged about 14 years on the afternoon of 25-3-1960.

(2.) The prosecution case was that on that afternoon, the accused who is aged about 18 years, and the deceased, who was aged about 14 years, went out together to graze their cattle. At the time of returning in the evening, the accused asked the deceased to bring up all the cattle at one place to be taken home. The deceased refused to do so and gave a stick blow on the leg of the accused. The accused then shot two arrows at the deceased injuring him in the chest. The latter fell down and thereafter the accused caused some more injuries to the deceased, who died within a very short time thereafter, * * * * * *

(3.) In his examination at the Sessions trial, the accused pleaded not guilty. According to him, the deceased tried to commit unnatural offence against him and gave him a stick blow, where upon he lost his head and does not know what transpired thereafter. At the Sessions trial, it was argued op his behalf that the appellant was entitled to the benefit of Exceptions 1 to 5 of Section 300, Indian Penal Code. (After considering the evidence his Lordship concluded:) We, therefore, agree with the finding of the learned Additional Sessions Judge that it was the appellant who caused the injuries which resulted in the death of Bhikhala.