MARGAO
The South Goa Sessions Court has discharged all the six persons who were accused by the Margao police under section 304 of the IPC in the death of Madar Sayed at Fakirband-Calconda, Margao, in 2017.
Additional Sessions Judge Vincent D’Silva observed that no case has been made out for framing of charge under Section 304 of IPC as there are no sufficient grounds for proceeding against all the accused. He said no charge under Section 304 (i) or (ii) of IPC can be framed against the accused.
In this case, the six accused persons, while fighting amongst themselves on account of sudden provocation, started chasing one of the accused and in the process dashed against Madar Sayed, who was at that time coming out of the toilet.
Madar sustained injuries after he fell on the ground. He further sustained injuries after he was stamped by the accused persons during the fight. He later expired at the Goa Medical College and hospital, Bambolim.
Judge D’Silva said the only interference in the facts and circumstances of the case is that the act of the accused amounted to culpable rashness attracting the provisions of Section 304A of IPC. “It was not a deliberate act on the part of the accused and therefore the act in question for acting negligently or rashly during the scuffle resulting into the death of Madar Sayed would not fall within the mischief of section 304(i) or (ii), but it under Section 304A of IPC. The Prosecution, therefore, should have filed the case under appropriate provision of law before the appropriate forum, instead of Section 304 of IPC by adding the gravity of section after the death of the deceased”, the Judge observed.
