INDUBEN BACHUBHAI MORVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant, original complainant, being aggrieved by the judgment and order dated 01/05/2006 passed by the Learned Additional Sessions Judge, Camp at Rajula, Amreli in Sessions Case No. 6 of 2005, has preferred the present revision in the said sessions case. The Learned Additional Sessions Judge was pleased to convict the present respondent nos. 2 to 4 for offence under Section 304 (II) of Indian Penal Code (for short, the IPC) and had acquitted the present respondent nos. 2 to 4 for the offence under Section 302 of IPC. The original complainant has, therefore, preferred the present revision.

(2.) THE complainant is a sister of the deceased. The incident has occurred on 23/09/2004. At the time of incident, A-1 and A-2-two brothers-were quarreling with each other and the deceased had intervened to see that they may not quarrel with each other, whereby, A-1 and A-2 started giving blow to the deceased. At the time of incident, A-3 and A-4 had also came at the place of incident. A-3 is the other brothers of A-1, and A-2, and A-4, is the sister of the accused. It is the case of the prosecution that A-3 and A-4 have also participated in the incident. A-4 came to be acquitted by the trial court.

(3.) THE Learned Sessions Court after considering the oral evidence of main witness and medical evidence on record, came to the conclusion that deceased had died due to the injuries inflicted by A-1, A-2, and A-3. Considering the circumstances of the case, learned trial Court has recorded that the incident has occurred because the deceased had intervened in the fight of A-1 and A-2. That the deceased had intervened to see that A-1 and A-2 may not fight with each other. In these circumstances, trial Court concluded that none of the accused had the intention to cause death. Therefore, the incident in the present case, falls under Section 304 (II) of IPC and the accused are guilty for the said offence and not for the offence under Section 302 of IPC.