MAHAVIR PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 23.07.2008 passed in Special Sessions Trial No.42/2007. The appellant was prosecuted for commission of offence punishable under Sections 294, 302 and 324 (two counts) of Indian Penal Code, 1860 and Sections 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial Court held the appellant guilty for commission of offence punishable under Sections 302, 324 and 323 of Indian Penal Code and awarded sentence of life imprisonment, RI for one year and RI for six months respectively alongwith fine of Rs.2000/-.

(2.) Prosecution story in brief is that a lady with loose character was living with Mohan at his tapariya (hut). There was a quarrel between them, hence, she left Mohan and started living with Mahavir (present appellant). On the date of incident, there was a quarrel between the appellant and deceased's family. The appellant called the complainant Mayabai and her husband (deceased) and told them not to create obstructions. Thereafter, he abused them. The appellant tried to inflict a blow by knife at the deceased. His wife Mayabai (complainant) catch hold the appellant and she received injury on her left palm. The appellant had inflicted a blow at the thigh of the deceased, due to which, deceased fell down. It is further alleged that the appellant had also inflicted a blow at a rickshaw puller-Rakesh. Police registered an offence. Deceased was sent to Victoria Hospital. He was died on the same date. The appellant was arrested. From his possession, a knife and other articles were seized. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence punishable under Sections 302, 324 and 323 of IPC and awarded sentence as mentioned above in the judgment.

(3.) Learned Amicus Curiae, after arguing on merits, has made alternate submission that the offence alleged to be committed by the appellant would fall under Section 304 Part I of IPC because as per the evidence of doctor, who performed postmortem of the deceased, there was one injury on the thigh of the deceased. It is further submitted by learned counsel that the incident had occurred all of sudden without premeditation. In support of his contentions, learned counsel relied on the following judgments of Hon'ble Apex Court: