TILAK CHAND @ SITA RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Additional Sessions Judge, Gondia, on the strength of testimony of P.W.l Maniram recorded a finding of conviction for the offence punishable u/s. 302 of the Indian Penal Code against the appellant accused for having committed murder of his brother Tilakchand by inflicting blows with the aid of stick on 10.11.1989 at about 5.30 p.m. in the field of mouza Gomatola, district Bhandara. Mr. Daga, appearing for the appellant, did not seriously challenge the involvement of the accused in the incident. According to him, having regard to the circumstances and the manner in which the offence committed it could not be u/s. 302 of the Indian Penal Code. We have also heard Shri Agrawal, Assistant Government Pleader With their assistance, we have perused the sole testimony of Maniram.

(2.) It is revealed that there was some dispute and quarrel between the accused and deceased on the question of payment of certain loan. Consequently, accused lifted the stick lying in the field and gave the blow There are total 8 injuries-6 are lacerated, one abrasion and one contused. According to medical evidence, Injury No.4 was proved to be fatal. Having regard to these circumstances, it is more obvious that the assault was not with premeditation. It was due to sudden quarrel and in a heat of passion. The accused was not intending, according to us, to commit murder. However, he caused such a bodily injury No.4 which could with knowledge likely to cause death. Hence the offence is punishable u/s. 304, Part II of the Indian Penal Code. We have also heard Mr. Daga and Mr. Agrawal on the question of sentence. Therefore, the following order: Appeal is partly allowed. Conviction and sentence for the offence punishable u/s. 302 Indian Penal Code is hereby set aside. Instead, we record the conviction for the offence punishable u/s. 304, Part II of the Indian Panel Code. We direct him to suffer rigorous imprisonment as already undergone.