- (1.) B. L. Loomba, J. We have heard learned counsel for the appellant and the learned Additional Government Advocate.
(2.) THE occurrence relates to 12th April, 1977 at about 5 p. m. outside the house of the appellant and deceased Babu Singh. THE prosecution case was that the water of the house of the accused-appellant was flowing out through the Sehan of complainant Ramesh Singh, Babu Singh, father of complainant Ramesh Singh had earlier complained to the appellant to desist from flowing dirty water of his house towards the Sehan of the complainant and eventually on the fateful day at about 5 p. m. dispute arose on the same controversy; accused-appellant Munwa came armed with a lathi having iron top and during the course of altercation appellant Munwa gave lathi blow to deceased Babu Singh and also caused lathi injuries to Remesb Singh, complainant, son of Babu Singh. Rajendra Singh son of Chandrika Singh who was also living in the neighbour hood received two abrasions. Ramesh Singh received six lacerated wounds, one abrasion and a confusion. Babu Singh deceased received the injury as mentioned below: "lacerated wound 4. 5 cm. x. 5 cm. scalp deep, 7 cm. above the upper root of the right ear. " Medical examination of deceased Babu Singh as also that of the other two injured persons was held on the same day (12-4-77) between 8. 20 p. m. and 9 p. m. As far as the injury of Babu singh is concerned the doctor advised X-ray and the injury was kept under observation. Babu Singh remaind admit ted in the hospital and eventually expired on 14-4-77 at 10. 45 a. m.
(3.) THE first information report was lodged by the complainant on the same day at 5. 30 p. m. distance between the village and the police station was about three miles. Investigation proceeded in the usual manner having been carried out by Ram Kumar Singh (P. W. 7 ). Post-mortem examination was conducted by Dr. H. M. Saxena, Medical Officer on 15-4-77 at 3. 30 p. m. THE deceased was aged about 45 years. Underlying the injury fracture in the area 3" x" was discovered. Lacerated wound fracture in the area of 2" x" X 112" was found in the membrane and brain, blood blots were also found. The case was initially registered under Section 308 I. P. C. However, on receipt of the inquest report it was converted from Sections 308 to 304 I. P. C. and charge-sheet submitted was under Section 304, 308 and 323 I. P. C. , on 22-5-88. Appellant Munwa surrendered on 18-4-77.;