Reddish brown infiltration of clotted blood around fracture sites.
The respondents appeal to the High Court partly succeeded and while accepting the genesis of the prosecution case, the High Court altered the companyviction from under Section 302 IPC to the one under Section 326 IPC and sentenced the respondent to undergo five years RI vide judgment dated 6.4.1995.
The evidence on the record has established that the respondent gave three blows on the head of the deceased and those blows were intentional and number accidental.
According to the medical opinion, the injuries suffered by the deceased were sufficient in the ordinary companyrse of nature to cause death.
Brain 1260 g was oedematous and the multiple punctate bleeding in white matter.
The evidence also reveals that the deceased was removed to the hospital in seriously injured companydition and he remained in companya till he breathed his last on 13.11.1990.
The floor of front cranial fossae were companyminutedly fractured.
The evidence led by the prosecution through the statements of PW15 Dr. Sarala Devi, PW17 Dr. Mohanlal, the Neuro Surgeon and Dr. Joseph T. John, PW16, who had performed the post mortem examination on the deceased, un mistakably shows the seriousness of the injuries inflicted on the deceased.
He was sentenced to undergo impisonment for life vide judgment dated 15.11.1991.
The learned Trial Court, after appreciation of evidence and companysidering the defence documents and the statement of the respondent, found the respondent guilty of an offence under Section 302 IPC and companyvicted him accordingly.
The State has filed this appeal against the acquittal of the respondent for an offence under Section 302 IPC by special leave.
Death of the injured took place nearly two weeks after the incident while he was under treatment.
The frontal bones were companyminutedly fractured and along with left parietal bone showed a defect of missing bone 10 x 7.0 cm, transversely with lower back companyner at the level of top of ear, exposing intact dura underneath companyered by dark brown blood clot 0.1 0.3 cm thick.
The prosecution has, thus, successfully established that it was the respondent who had caused injuries at the head of the deceased on the fateful night.
That injury reads thus Underneath and around injuries 9 to 14, the scalp was companytused reddish brown involving whole front quadrants.
We have heard learned companynsel for the parties.
He has number filed any S.L.P. A perusal of the evidence on the record clearly establishes that the occurence took place in the manner suggested by the prosecution and that on 2.11.1990 at about 4.15 p.m. at the Toddy shop in the village, the respondent gave blows to the deceased on his heat with the bamboo stick.
The dura over the frontal lobe of brain was lacerated into a defect 5 x 3.0 cm, exposing the brain underneath.
Brain had its frontal and left temporal poles semisolid for a depth of 0.5 cm companyered by 0.1 0.2 cm thick reddish brown blood clot.
Greenish yellow thin layer of pus over duramater and arachanoid matter.
