DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Dayal has appealed through the Superintendent District Jail Nahan against the order of the learned Sessions Judge, Mandi and Chamba Division, convicting him of an offence under Section 304, Part II, I.P.C., and sentencing him to undergo rigorous imprisonment for a period of six years. The appellant was prosecuted for the offence under Section 302, I.P.C., but was acquitted of that and the State has submitted to the order of acquittal.

(2.) The facts leading to the prosecution of the appellant lie within a narrow compass and may briefly be stated as below:

(3.) The decision of the case to a large extent hinges, on the medical evidence and the material portion of the statement made by Dr. Sant Ram (P. W. 11) may be noticed at this stage. He has stated that the injuries found on the dead body were of so minor nature that they could not have directly or indirectly caused death and that shock could not he attributed to any abnormality in any vital organ of the body. Shock could nave seen caused by injury to the highly nervous tissue and in the human body there were two such areas, one the testis and the other solar plexus. An injury on the testis leaves a mark on the scrotum whereas an injury on the solar plexus may not leave a mark on the skin. There was no mark of an injury on the scrotum of the deceased and as such the shock was due to injury on the solar plexus.