(1.) Learned Counsel for the appellant urges a short point; that there is every possibility of a single blow being struck on the right side of the face of the deceased with the half brick which is alleged to be the weapon of offence and hence the offence committed by the appellant would be culpable homicide not amounting to murder punishable under Section 304 Part-II IPC.
(2.) We note the injuries on the person of the deceased as recorded in the post mortem report Ex.PW-14/A. The author of the report Dr. V.K. Jha PW-14 has proved the report. As per the post mortem report, following four external injuries were noted on the dead body of deceased Ram Kumar aged 52 years:
(3.) It is apparent that there is every possibility that a half sized brick, if struck with considerable force only once could have caused the afore-noted four injuries.