STATE Vs. AMMA BHAT

JUDGEMENT

(1.) AMMA Bhat and others, respondents herein, have been committed by the ludicial Magistrate Pulwama to the Court of Session at Anantnag to stand their trial on a charge under Section 304, R. P. C read with Section 34 thereof. The petitioner, Ismail Bhat, at whose instance the respondents were challaned by the police, made an application to the Sessions ludge Anantnag praying that charge be altered to Section 302, R. P. C. By his order dated April 21, 1972, the learned Sessions ludge rejected the application. Hence this revision.

(2.) APPEARING for the petitioner Mr. Hakim Mohd. Sadiq argued that the statement of the doctor that the injury on the head of the deceased was sufficient in the ordinary course of nature to cause death coupled with the statements of the prosecution witnesses that the said injury was caused by the principal accused namely Amma Bhat by a violent stroke of a stick on the deceased's head made the accused straightway chargeable under Section 302, R. P. C and that a view to the contrary held by the Courts below Was erroneous.

(3.) IN reply it was contended by the learned Counsel for the respondents that the evidence was by no means unanimous that the injury found on the head of the deceased was the result of the lathi blow dealt by the accused Amma Bhat but even assuming that it was so, the act did not amount to murder as it could not be torn out of its context which shows that the blow was dealt in the heat of passion upon a sudden quarrel resulting from a water dispute in which hundreds of people were "arrayed on either side exchanging abuses and pelting stones at each other suggesting absence of any premeditation and intention to kill.