K.P.S.SANDHU, J. - (1.) DINA Nath appellant stands convicted and sentenced to 5 years rigorous imprisonment and a fine of Rs. 500/-, or in default of payment of fine to undergo further rigorous imprisonment for six months under section 304, Part-II, Indian Penal Code, by the learned Sessions Judge, Gurdaspur, vide his judgment and order dated August, 4, 1981. Darshan Kumar, his co-accused who was tried with the appellant was, however, given the benefit of doubt by the learned trial Judge and acquitted of the charge.
(2.) THE case of the prosecution, in brief, is that Subhash Chander P.W. and his father Pashori Lal (since deceased) were running their shops independently in two different bazars at Pathankot. The appellant and his co-accused Darshan Kumar were running a joint shop, dealing in hardware business. Their shop was situated opposite to the shop of Subhash Chander P.W. Subhas Chander also was a hardware merchant. On 22nd January, 1981 at about 12 noon, Pashori Lal deceased came from his house and when he had just reached the shop of Subash Chander, his son, they noticed that the appellant and his co-accused were shouting and calling a customer to their shop. Pashori Lal (since deceased) objected to this behaviour at which the appellant and his co-accused caused some injuries to the deceased with cake-pars. Dina Nath appellant, however, gave a kick with great force in the abdomen of Pashori Lal (since deceased). P.W. Brij Mohan whose shop is close by also witnessed the occurrence and he with the help of Subash Chander P.W. tried to save Pashori Lal (since deceased) from Me assailants. Both of them also received some injuries on the spot Pashori Lal, on receipt of a kick blow, fell on the ground and expired instantaneously. Subash Chander P.W. vent to the Police Station for making the report, while, Brij Mohan remained near the dead body. On the way, Subash Chander met the police party. Fe made his statement to them, on the basis of which a case against them was registered.
(3.) THE autopsy on the dead body of Pashori Lal was performed by Dr. Som Dutt P.W. I on 21st January, 1981 at a about 4.30 P.M. who found a bruise and two abrasions on the head and forehead of the deceased. The spleen of the deceased A as found lacerated. In his opinion, the death was the result of shock and hemorrhage as a result of the rupture of the spleen. Death. in his opinion, occurred only a few minutes after the receipt of the injuries.;