RAM PRAKASH ALIAS FATTOO Vs. STATE

JUDGEMENT

(1.) Ram Prakash alias Fattu has filed this appeal against his conviction and sentence of five year's R.I. u/S. 304, IPC. The prosecution case is like this. The appellant has a field besides which there is a Rasta. Adjacent to his field is the field of his brother Ramesh. On February 6, 1969, at about 5 p.m. four carts loaded with bricks were coming from Siroli brick -kiln to village Hansiganj. The first cart was being driven by Mangli. Behind Mangli's cart were the carts of Jagdish, Mathura Prasad and Sia Ram. There were pits and a patch of bad road near the field of Ramesh. In order to avoid the pits etc. on the road, Mangli turned his cart towards the field of Ramesh. One wheel of his cart went over the mend of the field of Ramesh and the bullocks started eating the wheat and peas crops in the field. Ramesh and the appellant were in their fields at some distance. They came running to protest against the damage which was being caused to the crop by the cart and the bullocks of Mangli. They are alleged to have abused Mangli. But Mangli did not desist from passing through the field. Thereupon Ramesh incited his brother asking that Mangali was talking too much and that he should be killed. Ram Prakash gave a lathi blow on the head of Mangali, who fell down. The appellant and his brother ran away. Mangali died at the spot.

(2.) The post -mortem examination of the deceased shows the following two injuries on the person of Mangali:

(3.) On internal examination of the deceased it was found that there was a fissured fracture 8" in length in right parietal bone under external injury No. 2. In the base of the skull there was a fracture extending upto lateral 1/3rd of right middle fossa.