Point of Law:
In determining the question, whether an accused had guilty intention or guilty knowledge in a case where only a single injury is inflicted by him and that injury is sufficient in the ordinary course of nature to cause death, the fact that the act is done without premeditation in a sudden fight or quarrel, or that the circumstances justify that the injury was accidental or unintentional, or that he only intended a simple injury, would lead to the inference of guilty knowledge, and the offence would be one under Section 304 Part-II of the IPC.

JUDGMENT :

J.B. PARDIWALA, J.

1. This Appeal is at the instance of an accused-convict for the offences punishable under Sections 302, 393 and 188 of the Indian Penal Code.

2. The appellant herein was put on trial in the court of the 5th Additional Sessions Judge, Surat, in the Sessions Case No. 65 of 2010 for the offences enumerated above. The trial court held the appellant accused guilty of the offences enumerated above and sentenced the accused for the offence of murder to suffer rigorous imprisonment for life and a fine of Rs. 25,000/- in default of the payment of the amount of fine, six months of further rigorous imprisonment.

3. The accused also came to be sentenced to suffer rigorous imprisonment for five years and a fine of Rs. 5,000/- in default of the payment of the amount of fine, two months of further rigorous imprisonment.

4. The accused also came to be sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 188 of the Indian Penal Code.

CASE OF THE PROSECUTION:

5. The incident in question occurred on 17th January 2009 in the evening opposite Shri Welcome Garden Restaurant situated on the main road leading from the Heerabaug Circle to Kamrej Varachha Road, Surat. The deceased was a businessman aged 50 years at the time of the incident. The deceased used to work between 8:00 in the morning till almost 8:00 in the evening. On the date of the incident, the deceased was passing through the street with a black coloured handbag in his hand. The bag contained money. It is the case of the prosecution that at that point of time the accused came near the deceased and tried to snatch away the bag containing money. The accused was not successful in snatching away the bag from the hands of the deceased as the deceased offered resistance and caught hold of the accused. The accused, at any cost, wanted to run away with the bag containing money, and at the same time, the deceased was not ready to give up. While the grappling was going on, the accused is alleged to have taken out a knife from his pocket and inflicted a blow straight into the chest of the deceased. The accused thereafter tried to make good his escape but the people in the surrounding area caught hold of the accused. The mob also thrashed the accused severely. As the thrashing was quite serious at the hands of the people where the incident occurred, an ambulance had to be called for and the accused was sent for medical treatment to the Civil Hospital. On the other hand, on account of the injury suffered by the deceased in his chest, he started bleeding profusely. One Dharmeshbhai Jivrajbhai Patel (original first informant) known to the deceased incidentally happened to be present at the time of the incident. Dharmeshbhai Patel immediately called for 108-Ambulance and took the deceased to the Ayush Hospital. However, by the time the deceased could reach the hospital, he succumbed to the injury. The deceased was declared dead by the doctors of the Ayush Hospital on arrival. Dharmesh Jivraj Patel PW-14 lodged the FIR (Exh.49). The FIR (Exh.49) dated 17th January 2009 reads thus:

“I, Dharmeshbhai Jivrajbhai Patel, aged 42, Occupation Business, residing at 5, Purvi Society, Heerabaug Varachha Road, Surat, Mobile No. 9825285180, Originally hails from Budhana, Taluka Sihor, District Bhavnagar, personally lodge the facts of my complaint as under:

That I reside with my family at the above mentioned address and having an agency of Ultra Tech cement. I am running a shop in the name and style of Patel Traders situated at the Plot No. 2, Purvi Society, Heerabaug Society, Varachha. I am also having an office situated at the Shreeji Complex, which is 400 feet away from my shop, for the purpose of maintaining the accounts of my business. The aforesaid shop is looked after by my paternal cousin (aunt's son) Dhirubhai Parshottambhai Bodariya, aged ab