AIR 1966 GUJARAT 221 ::(1966) 7 GujLR 357

Gujarat High Court

Hon'ble Judge(s): N. G. Shelat, Akbar S. Sarela , JJ

(A) Penal Code (45 of 1860) , S.302, S.324, S.96, S.100 Secondly— Charge of murder - Two blows with iron-shod sticks given on head of deceased - Uncertainty as to blow which proved fatal - Minimum intention to be attributed for act committed - Conviction u/S.302 altered to one u/S.324 - Plea of self defence raised - Plea rejected - Accused had no right to seize cattle of deceased u/S.10. Cattle Trespass Act (1 of 1871). A, B and C were charged with the offence of having committed murder of one K by giving two blows on K's head with sticks which were iron-shod. They were charged for the offence under S. 302 read with S. 34, Penal Code. At the trial it was not clear from the medical evidence which one of the two blows was fatal, the blows having been given one each by A and B. The pica of A raised in defence was one of private defence under S. 96 read with S. 100. Secondly He alleged that while trying to capture the cattle of K found grazing in his corn field with a view to take them to cattle pound, there was a scuffle between him and K in which he had to give a blow at K in right of self defence. At the trial all the accused were acquitted of the offence under S. 302 read with S. 34. A, however, was convicted of an offence of murder under S. 302. There was no appeal against the order of acquittal. But A preferred an appeal against his conviction. In this app....