MAGANBHAI BHATHIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE learned counsel for the appellant in this appeal has not disputed the incident. However, she submits that there are two injuries sustained by the deceased, one on the neck and another on the hand. It is only an abrasion. Thus, it cannot be said that it is an injury attributable to the death of the deceased. From the facts obtaining and recorded, it cannot be said that the incident which has occurred was premeditated. It had only occurred on the spur of the moment. In that background, the learned counsel for the appellant urges that the case would not be covered by Clause thirdly of Section 300 of the Indian Penal Code. According to the learned counsel, it is not an intended injury to kill the deceased, but the incident had occurred on the spur of the moment. Therefore, she prays that the offence be converted to Section 304 Part-I of the Indian Penal Code. The learned Additional Public Prosecutor submits that though the death has occurred, but yet the fact remains that it was not premeditated act or plan and, therefore, the arguments are not as such baseless. In the aforesaid circumstances, without disturbing and doubting the prosecution case, the sentence is altered from Section 302 of the Indian penal Code to Section 304 Part I of the Indian Penal Code. Accordingly, the sentence is altered from life imprisonment to 10 years with fine of Rs. 2,000/-, in default, six months simple imprisonment. The appeal is partly allowed.