JHINNU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging his conviction for the offence under Section 302 of IPC and sentenced to imprisonment for life by the Court of additional Sessions Judge, Lakhnadaun, District Seoni in S. T. No. 20/03, decided on 13-2- 2003.

(2.) COUNSEL for the appellant submitted that if the prosecution case is accepted as it is, then also offence is not culpable homicide amounting to murder. Incident occurred in a sudden fight without any pre-meditation in a heat of passion upon sudden quarrel. Counsel for the appellant submitted that appellant's goat entered the field of deceased Gulab Rajak and started grazing the gram crop and deceased was chasing away the goat. Appellant abused him and assaulted him on his head by 'khalua'. After the injury was caused, injured was taken to the Primary Health Centre of Dhuma from where he was referred to Medical College, Jabalpur. He died at the Medical College, Jabalpur.

(3.) COUNSEL for the appellant is not challenging the findings recorded by the Trial Court about the assault by the appellant on deceased Gulab Rajak. He submitted that this case will fall under Exception 4 of Section 300, IPC. There was no intention on the part of appellant to cause the death of the deceased. Incident has occurred all of a sudden without any pre-meditation. Deceased has received only one grievous injury, which was fatal to his life. He further submitted that Dr. N. S. Kukrele (P. W. 13) has not deposed that the injury was sufficient in the ordinary course of nature to cause death.