MADANLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 ticker, the deceased actually died of myocardial infraction or cardiac arrest which may have been a remote result of the inquiry given by the appellant. The offence under section 302 I.P.C. 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 toward off the attack by his hand. The High Court also finds that the occurrence took place following a sudden quarrel.