RAM PAL Vs. STATE

JUDGEMENT

(1.) THE accused-appellant stands convicted Under Section 304 (2) of the I. P. C. and sentenced to undergo five years' rigorous imprisonment for haying committed culpable homicide not amounting to murder causing the death of one Narain by giving him two blows with a stick.

(2.) THE fact that the accused-appellant so caused the death of the deceased is clear from the evidence of Mt. Ganga (P. W. 4) and Surja (P. W. 9) as also from the 'confession' of the accused-appellant made before a Magistrate. The counsel for the accused-appellant at the time of argument in appeal did not challenge the evidence to the effect. The main contention of the counsel is that the offence of the accused-appellant in so giving the deceased two blows with a stick actually comes within the purview of Section 325 of the I. P. C. and not within the purview of Section 304 (2) of the I. P. C.

(3.) THE post-mortem examination on the body of the deceased was performed two days after his death. He was found to have had his left humerus fractured in the middle and the ribs in the mid-axillary line. The internal examination further showed that the body had almost completely decomposed. The probable cause of death, in the opinion of the medical officer was haemorrhage due to the rupture of the spleen and lung.