A.C. GOVIND Vs. STATE

JUDGEMENT

(1.) The murder in question was committed on the morning of 19th December, 1980, while the deceased was proceeding towards Harijanvas. On the previous day there was a quarrel between the accused and the deceased. The deceased had demanded Rs. 4/- from the accused which amount the latter refused to pay. On the next day in broad day light on the main road when the deceased was proceeding to Harijanvas, the accused-appellant gave two blows on his head from behind and killed the deceased. The evidence of P.W. 1 Dr. Vekaria shows that he had the following two injuries when he was examined immediately after the incident at about 10.50 A.M.

(2.) The same is the evidence P.W. 5 Dr. Palanpura. It is, therefore, obvious that the blows were given with considerable force from behind with a dangerous weapon like an axe. Both the injuries were individually sufficient in the ordinary course of nature to cause death. The accused had selected the seat of injuries because these injuries were given from behind and the deceased had no opportunity to save himself. The argument of Mr. Sheth that the offence would fall under section 304 Part II of the Indian Penal Code must, therefore, be rejected.

(3.) On merits there is the direct testimony of three independent eye-witnesses; Tapumia, Exhibit 7, Mashri Ramji, Exhibit 8 and Mamad Hasan, Exhibit 9. All the three witnesses have completely supported the prosecution case and no serious infirmity has been brought out in their cross-examination to doubt their testimony. Their evidence is consistent with the medical evidence. In addition there is the evidence regarding the extra-judicial confession made by the accused on the same day. The axe used for the commission of the crime was found from the Wadi at the instance of the accused and it was stained with human blood of the group of the deceased. Therefore, on merits we do see any substance in this appeal.