MULJIBHAI HARJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (His Lordship discussed the facts in paragraphs 1 to 13 and held that the case was duly proved. Thereafter His Lordship proceeded to state in paragraph 14 and onwards).

(2.) The learned Addl. Sessions Judge held that the offence against the accused cannot be said to be falling either under the provisions of sec. 302 or 304 Part II of the Indian Penal Code. In the instant case, the injured was first examined by Dr. Kantilal T. Padshala, Medical Officer, Primary Health Centre; Gariadhar, P. W. 3 (Exh. 20). Thereafter he was examined by Dr. Romeshkumar B. Shah, Medical Officer, Mansinhji Hospital, Palitana, P. W. 1 (Exh. 16). Ultimately the injured was examined by Dr. B. K. Joshi, Medical Officer, Sir T. Hospital, Bhavnagar. This doctor carried out the post-mortem examination and as per his deposition and as per the post-mortem notes, the deceased had the following injuries :

(3.) In view of the aforesaid factors and particularly in view of the fact that the accused gave several blows and caused as many as 16 injuries, which ultimately resulted into the death of the injured, it cannot be said that the accused had no knowledge that the bodily injury which they were causing would not result into death. By one of the injuries fracture was caused. Simply because the accused had selected non-vital part of the body and gave numerous blows on the non-vital part of the body, it cannot be said that they would not have knowledge that the injury which the were causing was likely to cause death. In this view of the matter, the finding given by the learned Addl. Sessions Judge that the accused were not guilty of the offence falling under sec. 304 Part II of the Indian Penal Code is required to be reversed and set aside. As far as the common intention of the accused is concerned, the same is obvious. Both the accused started together on motor-cycle. Both of them chased and pursued the deceased in the field and even though the deceased made entreaties, they continued to beat him. In this view of the matter, the accused are liable to be convicted and sentenced for offence under sec. 304 Part II read with sec. 34 of the Indian Penal Code.