DINA NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DINA Nath appellant stands convicted and sentenced to 5 years rigorous imprisonment and a fine of Rs. 500/-, or in default of payment of fine to undergo further rigorous imprisonment for six months under section 304, Part-II, Indian Penal Code, by the learned Sessions Judge, Gurdaspur, vide his judgment and order dated August, 4, 1981. Darshan Kumar, his co-accused who was tried with the appellant was, however, given the benefit of doubt by the learned trial Judge and acquitted of the charge.

(2.) THE case of the prosecution, in brief, is that Subhash Chander P.W. and his father Pashori Lal (since deceased) were running their shops independently in two different bazars at Pathankot. The appellant and his co-accused Darshan Kumar were running a joint shop, dealing in hardware business. Their shop was situated opposite to the shop of Subhash Chander P.W. Subhas Chander also was a hardware merchant.

(3.) THE autopsy on the dead body of Pashori Lal was performed by Dr. Som Dutt P.W. I on 21st January, 1981 at a about 4.30 P.M. who found a bruise and two abrasions on the head and forehead of the deceased. The spleen of the deceased A as found lacerated. In his opinion, the death was the result of shock and hemorrhage as a result of the rupture of the spleen. Death. in his opinion, occurred only a few minutes after the receipt of the injuries.