KAMAL MEHTA Vs. RAKESH KUMAR AND ORS.

JUDGEMENT

(1.) THIS revision has been filed by the petitioner who is aggrieved by the judgment passed by the Additional Sessions Judge, Rupnagar who has convicted respondent No. 1 only under Section 323 IPC and ordered his release on probation.

(2.) IT would be necessary to first refer to the facts.

(3.) ON 05.04.2002, Navin (son of the complainant) had come from Jalandhar to village Kathera and in the presence of the respectable, Rakesh Kumar had undertaken to clear the accounts by 15.04.2002 and thereafter Navin went back. On 06.04.2002 at about 11 a.m. the complainant alongwith his son -in -law and her husband were present at their house when Rakesh Kumar came there and started abusing him. Yog Raj stopped him whereupon Rakesh inflicted fist blows on Yog Raj and dragged him to the gate. The complainant and her son -in -law also came forward but then Rakesh fled from the scene. As a result of the scuffle Yog Raj collapsed and died. The matter was reported to the police and FIR Ex. PW -5/D was registered. The opinion of the doctor was taken. It was reported that it was a case of cardio respiratory arrest following acute myocardial infraction which was sufficient to cause death in the ordinary course of nature.