SUNIL KUMAR GARG, J. - (1.) THIS appeal has been preferred by the accused appellant Saleem against the judgment and order dated 14.7.1987 passed by the learned Sessions Judge. Merta in Sessions Case No. 43/1984 whereby the learned Sessions Judge while acquitting the accused appellant for offence under Section ,304 I.P.C., convicted the accused appellant for offence under Section 323 I.P.C. and sentenced him as under: Name of Accused Convicted Sentence awarded under Section Saleem 323 I.P.C. 1 Year's R.I. and a fine of Rs. 1000 in default to further undergo 1 month's R.I.
(2.) IT arises in the following circumstances: (i) On 6.7.1984 P.W.8 Megha Ram lodged a report Ex.P/3 before Police Station, Makrana stating that his brother Dungra Ram (hereinafter referred to as the deceased) was working labour job and he worked under the accused appellant and after some time he left the work of accused appellant Salim and started doing labour work in another mine. At about 10 a.m. his brother Dungra Ram went to the mine of Salim and demanded wages of three days labour and upon this the accused appellant gave 2 to 3 fists on his stomach, as a result of which the deceased died. It was further stated in report Ex.P/3 that when accused appellant Salim gave fist blow, Chutra Ram P.W.9 was also there. On this report, a case under Section 302 I.P.C. was registered and investigation commenced.
(3.) THE post mortem of the body of the deceased was got conducted and post mortem report is Ex.P/2 which shows that the deceased died as a result of shock due to excessive haemorrhage as a result of rupture of spleen.;