2013 (4) ABR 551 ::(2013) 4 Mh LJ (Cri) 281 ::2013 AllMR(CRI) 2290

Bombay High Court

Hon'ble Judge(s): Naresh H. Patil, A. V. Nirgude , JJ

( A ) Indian Penal Code (45 of 1860) S. 300 — Culpable homicide — Accused inflicting blows with Gupti on torso of victim — He caused piercing injury on chest of deceased — It was not a blow accidentally landed on chest but he intended to cause injury on chest of victim — Piercing injury on chest by sharp edged weapon like Gupti was certainly likely to cause death — Opinion of medical officer that injury on chest was sufficient to cause death in ordinary course of nature — Case would fall within clause thirdly of S. 300 — Conviction for offence of murder, proper. (Paras14to19)

( B ) Indian Penal Code (45 of 1860) S. 300 , 34, 324 — Murder — Common intention — Accused came to victims with proposal to have Karate match and they concealed Guptees under their shirts — They were thus, fully armed and prepared to caused bodily injury with help of sharp edged weapons — This was against principles of martial art karate and therefore, victim parties were taken by surprise —Accused assulting victim with Gupti on chest — Co-accused did not inflict any blow of his weapon on vital parts of body of victim — During the assault co-accused tried to inflict injury to witness but did not cause any injury to witness — After victim fell down though co-accused had ample opportunity to inflict Gupti blow on vital parts of body of deceased he inflicted single injury on leg of victim — Showing that he did not share common intention of accused to kill victim — Co-accused liable to be convicted under S. 324. (Paras1220)