MADAN LAL @ NAND RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the appellant does not dispute the incident. His only grievance is that the offence under section. 302 Indian Penal Code cannot be said to be made out against Madan Lal @ Nand Ram. He is alleged to be assailant of the deceased. The injuries caused by him are of such magnitude that it can not be concluded that his act falls under any of the main provisions of Section 300. The incident is alleged to have occurred on 9.4.2000. The injured died on 27.4.2000. This time gap suggests at best that the accused have used such a force, which was such, that the death could not ensue immediately. According to the accused, he inflicted this injury to the deceased when he himself felt danger to himself. In this view of the matter, it would be a case where he exercised right of private defence and his case falls within explanation two of Section. 300.

(3.) The accused caused injuries to the deceased and his offence cannot fall under section. 302 and it falls under section. 304 Indian Penal Code. Since the time of death suggests that the accused though intended to cause an injury intentionally same resulted in belated death.