SARDARBHAI NAVABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellant original accused challenging judgment and order dated 16th December 2000 passed by the learned Sessions Judge, Panchmahal at Godhra in Sessions Case No. 11 of 2000 by which the appellant has been convicted under Section 302 read with Section 324 of the Indian Penal Code. Heard the learned counsel for the parties. The learned counsel for the appellant has candidly stated that it cannot be said that the accused has not caused the injury which is assigned to him. However, it is borne out from the record that the accused was assaulted by the complainant party. The injuries are there and are established. In that view of the fact that the accused was assaulted and in retaliation he caused the injury by arrow, which would fall within Exception 2 of Section 300 of the Indian Penal Code. In that view of the matter, he restricts his arguments to the nature of offence. The learned Additional Public Prosecutor is unable to defend the case because, there are injuries on the person of the accused. It was a single injury of an arrow from a distance of 25-30 ft. Such kind of craftsmanship cannot be attributed to the accused that he would be able to target the vulnerable part of the deceased. In that view of the matter, we are constrained to observe that the intention to kill is not there on the part of the appellant and therefore the offence can be altered from Section 302 to 304 Part-I of the Indian Penal Code. In that background, when the accused is behind the bars since 1999, this Court is of the considered opinion that the sentence already gone by the appellant would meet the ends of justice. In the result, the appeal is partly allowed. The conviction is altered from Sections 302 and 324 of IPC to Section 304 Part-I. The period of sentence already undergone would meet ends of justice. The accused will pay a fine of Rs. 1,000/- in addition to sentence undergone, in default, he will have to undergo SI for one month. With the above modification, the appeal is partly allowed. The accused shall be set at liberty forthwith if not required in any other case.