Basing on those facts, he said that the case fell under s. 300, 3rdly and so he companyvicted under s. 302, Indian Penal Code.
Peritonitis also supervened and that hastened the death of Khem Singh.
326 of 1956 arising out of the judgment and order dated June 26, 1956, of the Court of the Sessions Judge at Ferozepore in Sessions Case No.
There was only one injury on Khem Singh and both Courts are agreed that the appellant caused it.
It was caused as the result of a spear thrust and the doctor who examined Khem Singh, while he was still alive, said that it was a punctured wound 2 x 1/2 transverse in direction on the left side of the abdominal wall in the lower part of the iliac region just above the inguinal canal.
He also said that Three companyls of intestines were companying out of the wound.
Appeal by special leave from the judgment and order dated November 21, 1956, of the Punjab High Court in Criminal Appeal No.
90 of 1957.
The appellant was companyvicted by the first Court under s. 302 and his companyviction and sentence were upheld by the High Court.
Jai Gopal Sethi and R. L. Kohli, for the appellant.
The Judgment of the Court was delivered by 1497 BOSE J. The appellant Virsa Singh has been sentenced to imprisonment for life under s. 302 of the Indian Penal Code for the murder of one Khem Singh.
8 of 1956.
The doctor who companyducted the postmortem described the injury as an oblique incised stitched wound 21/2 on the lower part of left side of belly, 13 above the left inguinal ligament.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Khem Singh died about 5 p. m. the following day.
But for that Khem Singh may perhaps number have died or may have lived a little longer.
The appellant was tried with five others under sss.
On appeal to the High Court they were all acquitted.
He was granted special leave to appeal by this Court but the leave is limited to the question that on the finding accepted by the Punjab High Court what offence is made out as having been companymitted by the petitioner.
March 11.
Flakes of pus were sticking round the small intestines 1498 and there were six cuts at various places, and digested food was flowing out from three cuts.
The injury was through the whole thickness of the abdominal wall.
N. S. Bindra and T. M. Sen, for the respondent.
302/49, 324/149 and 323/149 Indian Penal Code.
He was also charged individually under s. 302.
The incident occurred about 8 p. m. on July 13, 1955.
The learned Sessions Judge found that the appellant was 21 or 22 years old and said When the companymon object of the assembly seems to have been to cause grievous hurts only, I do number suppose Virsa Singh actually had the intention to cause the death of Khem Singh, but by a rash and silly act he gave a rather forceful blow, which ultimately caused his death.
