VITTHAL JAGAN BENDKULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 304(II), 323 of the Indian Penal Code and sentenced to suffer R.I. for 3 years and to pay fine of Rs. 5000.00 I.d. to suffer further R.I. for 3 months, by Additional Sessions Judge, Nashik in Sessions Case No. 87 of 2011 vide Judgment and Order dated 23/9/2013.

(2.) Such of the facts necessary for the decision of this appeal are as follows:

(3.) The cause of the death was head injury. The post mortem notes would also indicate that there was a single injury on left upper eyebrow laterally. Column No. 19 of the post mortem notes would indicate that there was cerebral oedema, extradural haemorrhage beneath the wound on the left side of the frontal bone, approximately 10 ml. Blood collected (haematoma found causing cerebral compression.)