MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st May, '81, whereby, the appellants were found guilty u/s. 304-11, IPC and sentenced to 3 years' rigorous imprisonment and for offence u/s. 323/34, IPC, to 3 months, rigorous imprisonment.

(2.) ON 25th Dec, '80, at about 3 PM, Khilli had some quarrel with Bhajanlai, on a very trivial matter relating to cutting branches of a Neem-Tree. It is said that at about 4 PM,. complainant Prabhu, Khilli, Bhagwat, Sohanlal and Jhandu were sitting on the 'chabutri, in. front of their house. At that time. Bhajanial, Shyamlal and Madanlal arrived there armed with lathis, and then, ail the three gave lathi blows to Khilli and Bhagwat. Khilli was taken to hospital, where he succumbed to his injuries. ON this report, the police registered a case u/s. 307, 323 & 448/34, IPC. But, subsequently on the death of Khilli the case was converted into that u/s. 302 IPC. After completing usual investigation, a challan was submitted by the police against the appellants.

(3.) FOR an offence u/s. 304-II, IPC, it has to be established that the accused persons had acted, by which, the death was caused, and if the act has been done with the knowledge that it was likely to cause death, but, without any intention to cause death. So, knowledge is to be inferred from the act of the accused persons. In this case, the doctor has opined that the injury which was inflicted on the head of the victim, was not sufficient in the ordinary course of nature to cause death. In such circumstances, it cannot be inferred that the accused persons had any knowledge about the act that they were going to commit. Their common intention could be simply to give some beating, but, it cannot be said that they had the knowledge that the act which they were going to do, was likely to cause death. So, an offence u/s. 304-II, IPC, is not made out under these circumstances.