RAGHUBIR Vs. STATE

JUDGEMENT

(1.) This is an appeal by one Raghubir who has been awarded five years' R. I. and Rs. 200/- fine under Section 304, I. P. C by a learned Sessions Judge of Aligarh for having caused the death of Mangali infant daughter of one Chhidda at the house of Chhida in village Harji Garhi, P. S. Tap-pal, District Aligarh, at 10 a.m. on 19-4-1953. Half the amount of the fine: if realised, has been directed to be paid to Chhidda by way of compensation.

(2.) It is common ground that the child met its death as a result of an incident that took place at the aforesaid time and place. The defence version that the child was killed because it was thrown to the ground by its mother Govindi P. W. 2 was disbelieved by the trial Court, and quite rightly so. There Was no evidence in support of that version, and the post-mortem disclosed that the child died of a lathi injury inflicted on the left side of the head.

(3.) The finding of the trial Court that the child died as the result of a blow from the lathi of the appellant was based on the unrebutted testimony of a number of prosecution witnesses of unimpeachable character. That evidence finds support, as shown already, from medical evidence. The only question for determination, and the one which was seriously argued by the learned counsel for the appellant, was as to what the offence made out against the appellant was