NAGPUR: Bombay High Court's bench in Aurangabad has observed that a stick is as deadly a weapon as knife before acquitting three persons accused for killing a person in self-defence. "Stick is no less a weapon than knife and is sufficient to instill in the mind of the victim, fear or apprehension of either losing life, or of suffering grievous injury in case of assault with such weapon," a division bench of justices Ambadas Joshi and UD Salvi stated.
"Even a mighty tiger with claws and paws in his armoury attacks relatively defenceless human being out of fear; and the accused being not an exception, was not expected to act differently. Self-preservation was the paramount consideration in the eyes of the accused at the material time as it is predominant basic instinct in all living beings," the judges added before acquitting three youngsters - Sheikh Amjad Sheikh Asad, his father Sheikh Asad Sheikh Lal and friend Javed Pathan, all residents of Aurangabad.
The case arises out of a quarrel that took place on March 22, 2009, between two groups. According to the complainant Shaikh Feroz, he and his brothers intervened to pacify first accused Amjad, who was abusing their nephew Shaikh Nazir in the presence of his father's friend. In the scuffle, the accused started assaulting them with fist and kick blows. Amjad also got his right hand fractured after he was hit by a hockey stick in the fight. In the midst of the brawl, Pathan handed over Gupti to Amjad who gave blows on Nazir's stomach with his left hand. Nazir was admitted to Government Medical College and Hospital in Aurangabad with bleeding injuries and he succumbed to them on same day.
The Begumpura police arrested the accused under Sections 302, 307, 324, 143, 147, 148, and 504 of IPC. The Aurangabad sessions court convicted the trio for culpable homicide under Section 304-II of IPC and awarded seven years rigorous imprisonment along with a fine of Rs2,000. This was challenged in the high court where the judges ruled in favour of petitioners stating there was no reason for Amjad not to entertain apprehension of being killed by the rival men after having suffered fracture to his right hand due to the assault with hockey sticks.
"Evidence shows that there existed circumstances which would have reasonably caused apprehension in the mind of anyone facing the assault made by group of men armed with knife and sticks that he was either to meet his end or suffer grievous hurt at the hands of assailants, and the accused could not have been an exception to feel otherwise," the judges ruled while acquitting the trio.
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