JERAM KALA KHARAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Indian Penal Code, 1860S. 302 - Murder - Injured died after nine hours from the time of assault - Accused did not cause death on the spot though possible - Evidence creating doubt about the intention to cause death - Conviction modified to that under S. 304 Part I from under S. 302, Indian Penal Code.

(2.) The prosecution case may be shortly summarized as follows:

(3.) Appellant No. 1Jeram Kala Kharak was the brother of deceased Sonda Kala. Appellants Nos. 2 and 3, Parshottam and Bhima, are the sons of appellant No. 1 Jeram. The deceased Sonda Kala and appellant No. 1 Jeram Kala resided with their respective family members at village Pithalpur under Datha Police Station in Bhavnagar District. The appellants and deceased Sonda and their family members were doing agricultural operations at village Pithalpur. The appellant No. 1 filed Special Civil Suit No. 119 of 1978 against the deceased Sonda Kala for possession of some agricultural land. That litigation concluded in favour of the deceased Sonda Kala and the land which the appellant No. 1 was claiming ultimately came which rthe apellant No. 1 was claiming ultimately came in possession of the deceased Sonda, resulting into enmity between these two brothers. They were not even on speaking terms. There were, therefore, frequent quarrels between appellant No. 1 and his deceased brother Sonda.