M.B. Sharma, J. - (1.) The learned Additional Sessions Judge, Bhilwara has convicted the accused-appellant under section 304 Part I of the Indian Penal Code and has sentenced him to five years' rigorous imprisonment and to pay a fine of Rs. 200/- and in default to further suffer four months' rigorous imprisonment.
(2.) The deceased appellant is the real brother of deceased Jaggu, Panna is the third brother. All the three brothers had taken agricultural land of one Hem Singh P. W. 1 for cultivation and it is said that they were in possession of different parcels of land. On October 22, 1979, in the morning, Jaggu deceased was going to irrigate his land from the well and it is alleged that the accused-appellant and his brother Panna came there. Both asked deceased Jaggu not to irrigate his field that day as it was their turn. Some altercation took place and it is alleged that the accused-appellant and his brother Panna throw deceased Jaggu on the ground and while Panna was sitting on his chest and was pressing his neck with his hand, the accused appellant picked up a kassi and gave a single blow on the head of Jaggu from its blunt side, There was bleeding from the injury and Jaggu died. A report of the incident was lodged by Smt. Verji P. W. 8 wife of Jaggu deceased. Dr. Dhanraj P. W. 11 conducted the autopsy on the dead body of Jaggu on 23rd of October, 1979, and found the following injuries:- (1) Lacerated wound shaped over ''centre of scalp 1, 1/4" long on both I the arms. (2) Abrasion 1,1/4" x ⅕" vertically over left side of the neck in the centre. (3) Bruise 1/4" x ⅕" over right side of upper forehead. (4) Bruise 1/4" x 1/4" over centre of right eyebrow. In the opinion of Doctor Panwar there was a fracture under the occipital bone 2" long and the membranes were also torn. There was clotted blood underneath the fracture and brain was also lacerated. In his opinion, the deceased died of coma as a result of the injuries.
(3.) The accused pleaded not guilty to the charge and claimed to be tried and the learned Sessions Jadge after trial convicted and sentenced the accused as aforesaid.;