BABARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Sessions Judge, Chandrapur, recorded a finding of conviction for the offence punishable under section 304 Part II of the Indian Penal Code against the appellant/accused for having on 14-12-1986 at about 4-00 p. m. in village Tembha, given kicks and fists blows to deceased Disiram, knowing that his act would cause such bodily injury likely to result in death in the ordinary course of nature. Involvement of the accused in the incident could not seriously be questioned. Only debate is whether the act of crime was with such knowledge, envisaged by second part of section 304 of the Indian Penal Code.

(2.) P. W. 12 Dr. Jaiswal conducted the autopsy on 16-12-1986. According to him, deceased Disiram suffered two contusions and three abrasions. One of the contusions was on central part of the chest. On internal examination, rupture of spleen, liver and kidney was noticed. The opinion of the doctor is that death was owing to these internal injuries.

(3.) SHRI Kankale, learned A. P. P. for the State, while supporting the conviction, as recorded, placed reliance on a decision reported in 1985 S. C. C. (Cri.) 127 : (State of Uttar Pradesh v. Ram Sagar Yadav and others) In this case, the victim who was in police custody sustained multiple injuries resulting in death. The condition of the victim when produced before the Magistrate was precarious. Having regard to the various aspects, as reflected, the Supreme Court upheld the conviction under section 304, Part II, of the Indian Penal Code.