D.C.GHEEWALA, J. - (1.)There is nothing to indicate that the blow was specifically aimed at a particular part of the body. It is also evident from the evidence that the incident had taken place in the heat of the moment and none of the accused can be said to have harboured any intention to bring about the death of the deceased. Merely because in the process, an injury was caused, which ultimately resulted in death and which the doctor has deposed to be sufficient in the ordinary course of nature to bring about the death, it cannot be said that the accused had intended to bring about the death. That would tantamount to reasoning backwards from effect to cause. The accused in a criminal trial can be convicted only for an offence which he had intended to commit. Under the circumstances, appellant No. 1 who has been convicted for an offence punishable under Section 302 of the Indian Penal Code could only be convicted for an offence punishable under Section 304 Part II of the Indian Penal Code.
Appeal partly allowed.