STATE OF MAHARASHTRA Vs. ABDUL KARIM NIJAM MAULVI

JUDGEMENT

(1.) VIDE Judgment and order dated 31st May, 1984 passed in Sessions Case No. 164 of 1983, the Sessions Judge, Solapur, acquitted the respondent Abdul Karim Nijam, for the offence under section 302 IPC and instead convicted him for the offence under section 337 IPC and sentenced him to undergo simple imprisonment for four months.

(2.) IN short the prosecution case is that on 22nd July 1983 at about 8.30 p.m. the deceased Murtuj Bawalal Shaikh had been to the betel shop of respondent Abdul Karim Nijam, situated in Vijay Kamgar Chowk, Akalkot, Dist. Solapur. It is said that on account of the cost of pan an altercation and grappling between Murtuj Bawalal Shaikh and the respondent took place. The two of them held the shirts of one another. Persons, including Husen Saipan Bagwan P.W. 6, separated them. Thereafter the respondent started hitting Murtuj with a black rubber strap. After the assault Murtuj pressed his belly with his hands and walked to the road and fell down and died.

(3.) AFTER hearing the learned counsel for the parties and perusing the material on record we feel that both these matters deserve to be dismissed. We are not inclined to accede to the submission of Mrs. Poornima Kantharia that inasmuch as the medical evidence is to the effect that the injuries of the deceased were sufficient in the ordinary course of nature to cause death, an offence under section 302 IPC would be made out against the respondent.