STATE OF GUJARAT Vs. BAVAJI MULDAS BALAKDAS

JUDGEMENT

(1.) The original accused has been acquitted of an offence punishable under Section 302 of IPC and has been convicted of an offence punishable under Sections 304 Part II and 324 of IPC and sentenced to R.I. for 10 years and R.I. for 3 years respectively to run consecutively, i.e. total R.I. for 13 years. The accused has preferred Criminal Appeal No. 109 of 1989 and the State has filed Criminal Appeal No. 183 of 1989 against his acquittal for offence punishable under Section 302 of IPC (Double Murder).

(2.) The prosecution case is that on August 19, 1987, at about 3.30 to 4.00 p.m., the accused (along with second co-accused) went to the house of the complainant and assaulted Hemkunvarben(his mother-in-law) and his wife Ramila and caused them fatal injuries and witness Bai Hiruben was also seriously injured. Hemkunwarben died on the spot. Wife Ramila died in the Hospital and Hiruben has survived.

(3.) The learned Addl. Sessions Judge has not convicted the accused for an offence punishable under Section 302 of IPC for causing death of two persons and for that the learned trial Judge has observed that there are single fatal blows on each of the two deceased and in a momentary excitement and provocation, he might have given these blows without any intention to cause death and therefore, he has convicted the accused for lesser offence of culpable homicide not amounting to murder punishable under Section 304 Part II. The learned trial Judge has observed that the accused might have gone to fetch his wife and the accused might have asked for money for drinking liquor from his wife which might not have been given and therefore, under this provocation he might have given one blow each in momentary excitement and therefore it cannot be said to be an intentional causing of death.