YESHWANT RAO Vs. STATE OF M.P.

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) WE have heard the learned counsel for the appellant as well as the learned counsel for the State.

(3.) THE prosecution case was that on 5th April, 1985 at about 11 O'clock in the night the appellant himself went and informed Dilip Singh, the brother of the deceased Lakhan Singh, that since Lakhan Singh was abusing him he had assaulted him by spade. The accused also asked the brother Dilip Singh to go and bring his brother. Dilip 'Singh started to see his brother, but on the way he found Bhola Singh (PW 7) and Yeshwant (PW 9) bringing his brother from the direction of the house of the appellant. Lakhan Singh was removed to hospital. When he was being taken from one hospital to another hospital, he died. Accordingly the appellant was prosecuted under S. 302, Indian Penal Code but, as stated above, convicted under S. 325, Indian Penal Code.