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Head Note

Indian Penal Code,1860  - Section 304 , Section 325

Deceased - Assaulted by his nephew - Presence of P.W.3 and P.W.7. - Condition of deceased deteriorated taken for treatment to several hospitals - Ultimately died - Post mortem report - No external injury - Death caused by intra cranial and extra cerebral haemmorhage in brain - Trial Court acquitted - High Court reversed - Convicted under Section 304 (II) of IPC - Sentenced seven years rigorous imprisonment -Appeal - Injuries caused - Apparently not with a stone - It was concussion and rough handling by appellant - Resulted in haematomal haemmorhage then to death - Matter fall squarely under Section 325 of IPC - Quantum reduced - 7 years RI - Already undergone - Appeal disposed.

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