ANOKHELAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellants along with four others were tried, for the offence under Sections 147, 148, 149 and 307 of (he Indian Penal Code by the IlIrd AddI. Sessions Judge, Sagar, in S.T. No. 221/90 for assaulting complainant Rajesh (PW 16) on 11.3.1990 at 1.00 p.m. in Manorama Colony Sagar, on account of old enmity.

(2.) The Trial Court, on consideration of the evidence convicted the appellants, under Section 307/34 of the Indian Penal Code, and sentenced them to undergo R.I. for seven years while acquitted the other co-accused.

(3.) Shri A. Usman, learned Counsel for the appellants, has contended that complainant Rajesh (PW 16) was examined by Dr. C.K. Dubey (PW 8) who found six injuries on his person. The injury Nos. 1, 2 and 3 were neat .the chest and liver. The complainant was, operated upon of his injuries by Dr. R.C. Agarwal (PW 9), Surgeon of Tilly Hospital, Sagar. But there is no medical evidence that the injuries caused to the complainant were sufficient in the ordinary course of nature to cause his death. The ingredients of Section 307 of the Indian Penal Code is, therefore, not attracted. Reliance was placed in the case of Pashora Singh and another v. State of Punjab.