RAFFAIL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant-Raffail stands convicted u/s. 302 IPC and sentenced to undergo imprisonment for life, by the Additional Sessions Judge, Jashpurnagar vide judgment dated 30-9-94 passed in Sessions Trial No. 139/93. The facts briefly stated, are as under:-

(2.) The learned Sessions Judge, relying on the testimonies of Safiyana (PW-2) and Amrit (PW-3), held that the appellant assaulted the deceased by hands & fists which resulted into rupture of spleen, therefore, he was liable for punishment u/s. 302 IPC.

(3.) Ms. Sharmila Singhai, learned counsel appearing on behalf of the appellant, argued that the quarrel took place when the appellant and the deceased were in drunken condition. According to the prosecution, the appellant assaulted the deceased by hands. The death of the deceased occurred after 4 days on account of rupture of spleen, which was enlarged, therefore, in the facts and circumstances of the case, an offence u/s. 302 IPC would not be made out and the appellant would be liable for punishment u/s. 323 IPC. She relied on the judgments of Ram Chandra and others v. State, 2006 CrLJ 2966 (DB-Uttaranchal High Court) and Pirthi v. State of Haryana, 1994 AIR(SC) 1582.