Supreme Court of India
Manibhai Vithalbhai Machhi vs State Of Gujarat on 1 February, 1988
Equivalent citations: 1988(36)BLJR464, JT1988(2)SC17, 1988SUPP(1)SCC791, AIRONLINE 1988 SC 169, (1988) 2 JT 17.2 (SC), 1988 SCC (SUPP) 791, 1989 SCC (CRI) 64, (1990) EASTCRIC 136, AIRONLINE 1988 SC 171
Author: M.P. Thakkar
Bench: K.N. Singh, M.P. Thakkar
ORDER M.P. Thakkar, J.
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, I.P.C and not under Section 302 I.P.C. 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 I.P.C to one under Section 304, Part II I.P.C. 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.