If the evidence is silent on the intention of the accused to have assaulted the deceased person, he cannot be prosecuted
Munnabhai Babubhai Makwana vs State Of Gujarat on 1 May, 2023
Bench: Honourable Justice A.Y. Kogje
R/CRIMINAL APPEAL NO. 400 of 2014 with R/CRIMINAL APPEAL NO. 1481 of 2013
Facts
A person lodged an FIR with the Police Station stating that him and his other family members along with several labourers were working in the field. Three people armed with axes and sticks entered the field from the canal and started assaulting his father. The father was immediately shifted to the hospital.
On the basis of the said FIR, initially an offence punishable under Sections 147, 447 and 307 of IPC was registered against the accused persons.
Section 447 states the punishment for criminal trespass that is imprisonment for a term that may extend to 3 months.
Section 307 deals with attempt to murder. Section 147 deals with punishment for rioting with imprisonment for a term which may extend to two years
Pending the investigation, the victim succumbed to his injuries and died and therefore, Section 302 of IPC was added to the FIR. Section 302 deals with murder. The Investigating Agency, after conclusion of the investigation, filed a charge sheet against the accused persons for the aforesaid offences.
The learned Sessions Judge, after considering the evidence on record, convicted the accused persons for offence punishable under Sections 302 read with Section 447 read with section 147 of IPC
Being aggrieved and dissatisfied with the same, the respective Appellants have preferred the present Criminal Appeals.
The advocate for the appellants submitted that the evidence adduced on record by the prosecution is highly insufficient to bring home the charge levelled against the Appellants.
Judgement
The Court upon perusal of the entire evidence, learnt that there was no reason for the convicts to have assaulted the deceased. The evidence of prosecution was also silent on the aspect of intention on part of the convicts in assaulting the deceased. There was nothing on record to indicate that the assault was carried out by the convicts with an intention to kill the deceased. The court held that the accused can be punishable under Section 326 of IPC and not under Section 302 of IPC. Section 326 deals with voluntarily causing grievous hurt by dangerous weapons.
Therefore, the conviction of the convicts is altered from the one under Section 302 of IPC to Section 326 of IPC.
JUDGEMENT REVIEWED BY AMIT ARAVIND
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