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Criminal Appeal No. 27 of 1949, decided on 6th June 1949, from the order of Sessions Judge, Poonch, dated 10th February 1949.
Penal Code (XLV of 1860), Ss. 304 and 325‑Death occurring three months after receipt of injury on vital part of body‑No con clusive proof that injury was direct cause of death‑Offence tinder S. 325 and not under S. 304.
‑The medical evidence does not conclusively prove that the injury suffered by the deceased was direct cause of his death. The deceased lived for some three months after the receipt of the injury. His post‑mortem examination was not carried out properly. The mere opinion of the Doctor that death was due to the injury suffered by the deceased consequently does not carry any weight: 'The injury was no doubt caused on the vital part of the body of the deceased but the fact that there is no proof that the death resulted from it does not make the appellant liable under section‑304 Penal Code. The conviction .of the appellant in the circumstances could not but be made under section 325 Penal Code, The punishment awarded to the appellant can not but be regarded as adequate if it be considered that only one blow was given to the deceased without any premeditation and in the heat of passion. I, therefore, refuse to interfere with the sentence in any manner passed by the Sessions Judge. The petition in revision is accord ingly dismissed.
K.M.A Revision dismissed.
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