1980 INSC 0209
                                                       Madanlal

                                                           Vs

                                                State of Maharashtra

                                        Criminal Appeal No. 342 of 1980

                                     (Syed M. Fazal Ali, P. S. Kailasam JJ)

                                                      28.04.1980

                                                     JUDGMENT

FAZAL ALI, J. ­

1. We have heard counsel for the parties and have gone through the judgments of the High
Court and the Sessions Judge.

2. Having regard to the admitted facts and circumstances of the case and particularly to the fact that
according to bed-head ticket, the deceased actually died on myocardial infraction or cardiac arrest
which may have been a remote result of the injury given by the appellant. The offence under
Section 302, IPC cannot be made out.

3. It is established from the bed-head ticket produced by the prosecution itself and the finding of
fact given by the Sessions Judge based on the evidence of the doctor namely Dr. Dagga who was the
first to examine the deceased, that the death was due to cardiac arrest. In his dying declaration
which is at page 162 of the Paper-book, the deceased has merely said that a blow was given to him
with a sword that too when he tried to ward off the attack by his hand. The High Court also finds
that the occurrence took place following a sudden quarrel.

4. Having regard to these circumstances we are satisfied that the case of the appellant squarely falls
within the ambit of Section 304 Part II of the IPC and not under Section 302. For these reasons we
allow this appeal to this extent that the conviction of the appellant is altered from one under section
302 to that under section 304 Part II and the sentence imposed on the appellant is reduced from
imprisonment for life to five years' rigorous imprisonment.

5. The appeal is accordingly disposed of.

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