Dr Naveen Sabharwal, PW 8 companyducted the postmortem and he opined that the death was due to toxemia because of the gangrene which companyld be the result of the injury to the testicles.
The facts of the prosecution case are that on April 2, 1986 at about 2 p.m. the appellant came in front of the house of Jia Lal, deceased and there was a quarrel and the appellant kicked the deceased on his testicles as a result of which the deceased fell down.
Because of the gangrene the deceased died on April 5, 1986.
PW 6, another doctor again gave a medical opinion that the duration between injury and the death companyld number be given because the cause of death was toxemia due to gangrene.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. Special leave granted.
The appellant again kicked on the testicles of the deceased.
The doctor found a diffused swelling on the scrotum and penis and skin over the scrotum and penis was found to be blackening and gangrenous and he was treated in the hospital.
The wife and daughter of the deceased intervened and they removed the injured to the house and later he was shifted to the hospital only on April 4, 1986.
The appellant was tried for an offence punishable under Section 302 IPC and has been ultimately found guilty under Section 304 Part II IPC and sentenced to undergo four years RI and to pay a fine of Rs 10,000 in default of payment of which to further undergo one years RI.
