Manibhai Vithalbhai Machhi Vs. State of Gujarat.
EmailAppeal: Criminal appeal No. 70 of 1988.
(Arising out of Spl. Leave Petition No. 1757 of 1987)
(Arising out of Spl. Leave Petition No. 1757 of 1987)
Petitioner: Manibhai Vithalbhai Machhi
Respondent: State of Gujarat.
Apeal: Criminal appeal No. 70 of 1988.
(Arising out of Spl. Leave Petition No. 1757 of 1987)
(Arising out of Spl. Leave Petition No. 1757 of 1987)
Judges: M.P.THAKKAR & K.N.SINGH,JJ.
Date of Judgment: Feb 01, 1988
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860:
Sections 302 and 304 Part II – Whether offence would fall under section 302 or 304 Part II – Appellant had no motive to kill the victim – Conviction converted from one under section 302 to section 304 Part II.
JUDGEMENT:
O R D E R
1. Special Leave granted. Heard both the sides.
2. The appellant is present in Court in person. Having considered the facts and circumstances of the case, we are of the view that the offence would fall under Section 304 Part II, IPC and not under Section 302 IPC. Admittedly, the appellant had no motive to kill the victim. The appellant came running to the scene of the offence on hearing shouts and therefore, there was no question of his having entertained any intention to commit the murder of the victim. It was not a premeditated attack. Only one blow was given. It is not unreasonable to take the view that it happened to land on the victim’s head. Taking into consideration all the relevant circumstances, the appeal deserves to be allowed partly to the extent that the conviction shall stand converted from one under Section 302 IPC to one under Section 304, Part II IPC. We order accordingly. Consequently we reduce the sentence from one of imprisonment for life to one of R.I. for five years. The order passed by the High Court is confirmed subject to modification to the aforesaid extent. The appeal is partly allowed and is disposed of in the aforesaid terms. No costs.
1. Special Leave granted. Heard both the sides.
2. The appellant is present in Court in person. Having considered the facts and circumstances of the case, we are of the view that the offence would fall under Section 304 Part II, IPC and not under Section 302 IPC. Admittedly, the appellant had no motive to kill the victim. The appellant came running to the scene of the offence on hearing shouts and therefore, there was no question of his having entertained any intention to commit the murder of the victim. It was not a premeditated attack. Only one blow was given. It is not unreasonable to take the view that it happened to land on the victim’s head. Taking into consideration all the relevant circumstances, the appeal deserves to be allowed partly to the extent that the conviction shall stand converted from one under Section 302 IPC to one under Section 304, Part II IPC. We order accordingly. Consequently we reduce the sentence from one of imprisonment for life to one of R.I. for five years. The order passed by the High Court is confirmed subject to modification to the aforesaid extent. The appeal is partly allowed and is disposed of in the aforesaid terms. No costs.
