PIRTHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant was tried for an offence punishable under section 302 I.P.C. and has been ultimately found guilty under Section 304, Part II, I.P.C. and sentenced to undergo four years' R. I. and to pay a fine of Rs. 10,000/ - in default of payment of which to further undergo one year's R. I.

(3.) The facts of the prosecution case are that on 2-4-86 at about 2 P. M. the appellant came in front of the house of Jia Lal, deceased and there was a quarrel and the appellant kicked the deceased on his testicles as a result of which the deceased fell down. The appellant again kicked on the testicles of the deceased. The wife and daughter of the deceased intervened and they removed the injured to the house and later he was shifted to the hospital only on 4-4-86. The Doctor found a diffused swelling on the scrotum and penis and skin over the scrotum and penis was found to be blackening and gangrenous and he was treated in the hospital. Because of the gangrene the deceased died on 5-4-86. A case was registered under Section 302, I.P.C. Dr. Naveen Sabharwal, P.W. 8 conducted the Post-mortem and he opined that the death was due to Toximia because of the gangrene which could be the result of the injury to the testicles. P. W. 6, another Doctor again gave a medical opinion that the duration between injury and the death could not be given because the cause of death was Toximia due to gangrene. The Doctor also admitted that because of the lack of immediate medical help, the gangrene developed.