(1.) The appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life coupled with a fine of Rs. 2000.00.
(2.) According to the prosecution the incident occurred on 17-9-99 at about 5.00 p.m. It is alleged that Pohduram was assaulted by means of lathi/danda by the accused Gopi @ Gopal on his head. He was taken to the hospital at about 7.15 p.m. where he was examined by the doctor. The deceased died after five days on 23- 9-99. The post mortem was conducted by Dr. R.K. Singh (P.W. 8). The post mortem report is Ex. P/13. The report of the incident was lodged as per Ex. P/7 for the offence punishable under Sections 323, 341, 506 and 294 I.P.C. The injured succumbed to death and the post mortem was conducted vide Annexure P/11. The report is as under : "Head injury on left side peritotemporal lobe in oblique direction size 6 Cm X 2 Cm X 2 Cm bleeding comes. When open the skull internal Haemetoma Size 4 inch X 4 inch present slightly internal bleeding comes by some hard and blunt object, duration about 96 hours."
(3.) The post mortem report (Ex - P/11) and the Panchanama (Ex - P/2) go to show that the accused had inflicted danda blow on the head of the deceased. The injured died on 23-09-1999 therefore the offence punishable under Section 302 I.P.C. was also added. The investigation was completed and challan was filed in the competent Court of jurisdiction.