Om Prakash vs State of Haryana

V.R. Krishna Iyer, J.—We are not called upon to go into the details, having regard to the general circumstances present in this ease. It is true that an occurrence took place, which ended fatally and the appellant was the aggressar. The short question is whether the offence u/s 302 or u/s 304 Part II is made out, Undoubtedly there was a quarrel, whether it amounts to a fight within the meaning of Section 302 or not. Insensed by the situation the appellant gave a blow with a stick. It fell on a vulnerable part of the victim's body, resulting in his death. It is a marginal case where the Sessions Court held that the evidence was one u/s 304 IPC and awarded a sentence of five and a half years rigorous imprisonment. The High Court task a contrary view and convicted the appellant u/s 302 IPC with the inevitable sentence of life imprisonment. We are inclined to take a more view on the facts and hold that the appellant was guilty u/s 304 Part II IPC. In the circumstances, we cannot overlook the foot that the blow was on a vital part and that a life has been lost. Therefore, we sentence the appellant. to rigorous imprisonment for seven years. It is represented by counsel for the appellant that the convict may be kept in the District Jail, Gurgaon so that his wife and child may be able to meet him occasionally. We think that in such cases humans considerations are important and family ties must be preserved instead of dehumanising attitudes and distances being inflicate. We are sure the authorities will take this compassionate view and keep him in the District Jail, Gurgaon.