NASIBKHAN MADHUKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellant - original accused challenging judgment and order dated 11th October 1995 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.52 of 1994.

(2.) HEARD the learned counsel for the parties. The learned counsel for the appellant submitted that it was a case where a dejected lover assaulted his beloved and, in turn, he sustained serious injuries on his neck. She does not dispute the incident. However, if in causing injuries, which proved fatal to her beloved, he was assaulted to the extent that he had remained in hospital for 19 days with an injury on his neck, the offence would not fall under Section 302 of IPC, but would fall under Section 304 Part I of IPC.

(3.) HAVING considered the case of the both the sides, we are of the considered opinion that in the facts and circumstances of the case where the accused himself has sustained serious injury on his neck and has remained in hospital for 19 days, the offence cannot be said to be an offence under Section 302 of IPC. At the best, it can be said that he had intention to cause death wherein he was countered by the prosecution side and was inflicted injuries on his neck. In that background, the offence is diluted to the one punishable under Section 304 Part -I of IPC.