It was therefore held that the Appellant must have intended the actual companysequences of the blow given by him on the head of the deceased and that fact together with the knowledge that the bones of an old man are brittle and are likely to break was sufficient to establish the offence under Section 302 of the Indian Penal Code against the Appellant.
The injury inflicted by the Appellant on the head of the deceased proved fatal and both the Courts below came to the companyclusion that the Appellant was guilty of the offence under Section 302 of the Indian Penal Code.
The opinion of the doctor was that the injury inflicted by the Appellant on the head of the deceased was sufficient in the ordinary companyrse of nature to cause death and that to cause such an injury a heavy blunt weapon must have been used with moderate force or a light weapon of that type must have been used with great force.
The Appellant along with his father Budhwa and his brother Damru was charged with having companymitted the murder of one Tiharu who was a companysin of Budhwa.
After he fell down Budhwa dealt a blow to the deceased and all the three accused ran into their house.
