BANTA SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a jail appeal by Banta Singh against the judgment of the Additional Sessions Judge, Baran, dated the 19th August 1953, conviction the appellant under sec. 325, I. P. C. and sentencing him to two years rigorous imprisonment and a fine of Rs. 200/-, in default three months further rigorous imprisonment.

(2.) THE prosecution case in that on the 30th of December, 1951, some time in the afternoon, a boy named Topa was grazing his cattle in the filed of Banta Singh in village Banuni. THE accused happened to come there along with one other person and he haying seen the cattle grazing in lis filed objected to it and give three slaps and two kicks to Topa asking him not to graze cattle there in future. THE accused, thereafter, went away and one of the companions of Topa named Sujja went to his father Gendia in the village and informed him of the incident. Gendia come on the spot and carried away Topa whose condition at that time was not very satisfactory. A title latter Topa died and his dead body was taken to the hospital at Kishenganj for post-mortem examination which was performed the next day by Dr. Girdhar Gopal. THEre was no marks of external injury on the person of the deceased but on internal examination the Doctor found that the spleen of Topa had been ruptured which was responsible for causing his death. THE spleen was much enlarged. THE Doctor did not weigh the spleen but he took its measurements which were 6-1/2" x 4" x 2". THE dimensions of the spleen were 52 cubic inches. A normal spleen, according to the Doctor, is 4-1/2" x 2-1/2" x 1" which comes to about 11 cubic inches. THE spleen of Topa was, therefore, more than four times a normal spleen.

(3.) THIS appeal is allowed and the conviction is altered from sec. 325 to one under sec. 323 I. P. C. and the imprisonment already undergone is considered sufficient to meet the ends of justice. He shall be released forthwith, if not required in any other case. The sentence of fine is also reduced from Rs, 200/-to Rs. 50/- only. .