STATE OF GUJARAT Vs. ALIBBHAI IJJATKHAN

JUDGEMENT

(1.) In the instant case, if one refers to the medical evidence it is clear that there is no fracture on skull or there is no damage to brain. True, there are head injuries but these injuries are not very serious. The weapon used by the accused does not appear to be a weapon of selection. As per the prosecution case itself, there was sudden quarrel between the accused and the deceased. Be it noted that the deceased and the accused are father and son. They lived together. Quarrel erupted between the two on account of sale of goats by the father. This quarrel continued for a period of about five minutes. On this point there is consistent evidence of both the eye-witnesses. Therefore it would be reasonable to give benefit of doubt to the accused as far as the intention to cause death of the deceased is concerned. This is exactly what has been done by the learned trial Judge. He has put it on the ground that deceased was the father of the accused and ordinarily son would not intend to kill his old father. We agree with the conclusion arrived at by the trial Court. We do not think that the offence committed by the accused would fall under Section 304, Part I of Indian Penal Code or under Section 302 of Indian Penal Code.