The ingredients of section 307 IPC are not made out unless the injuries sustained are sufficient in the ordinary course of nature to cause death and there is a common intention among the accused to commit murder or cause such injuries.

1. - This appeal is directed against the judgment passed by the Sessions Judge, Merta dated 24th Feb. 1977. By the judgment, the learned Sessions Judge convicted all the appellants for the offences under section 307 read with 34, IPC and sentenced them to 4 month's rigorous imprisonment and a fine of Rs. 50/- in default of payment of fine to further undergo one months' rigorous imprisonment. They were also convicted for the offence under section 323, IPC and sentenced to undergo one months' rigorous imprisonment. Appellant Gom Singh was also convicted for the offence under section 325,IPC and sentenced to one years' rigorous imprisonment and a fine of Rs. 50/- in default of payment of fine to further undergo one months rigorous imprisonment.

2. Briefly stated the facts of the case giving rise to this appeal are as under: On 5-8-1976 Doongar Singh and Bhivan Singh went to the well of Ramsingh for fetching water on the she-camel through the field of Surjan Singh and Gom Singh. When they were returning back to the same field, accused Gom Singh inquired of them as to why they had passed through his field. Doongar Singh and Bhiavan assured that they would not do so in future. Despite that, Gom Singh gave a 'Jeli' blow on the right fore-arm of Doongar Singh causing fracture of Ulna. Bhiavn Singh ran away from that place. On hearing the cries of Doongar Singh his father Jatan Singh, his mother Gopal Kanwar and his sister Saysar Kanwar reached the field of Gom Singh. On intervention, they were given a beating by `Jeli' by Gom Singh and with the handle of the Kassi by Bhagwan Singh and Sardar Singh. All the injured persons were taken to Hospital at Losal, where PW 10 Dr. Bajrang Lal examined their injuries. On 8-8-76 Abhey Singh lodged a report at Police Station, Chitawa. As the police did not take action, an application was filed before the S.P. alongwith the X-Ray report. The application was sent to police station, Chitawa and a case was registered on 13-8-76 and investigation commenced.

3. Upon completion of necessary investigation, chargesheet against the accused appellants was filed. They were then committed to the Court of Sessions Judge, Merta, who conducted the trial and held the appellants guilty for the aforesaid offences and sentenced them by the impugned judgment.

4. I have heard, Mr. M.M. Singhvi, learned counsel for the accused appellants and Dr. S. S. Bhandawat, learned Public Prosecutor and carefully examined the record of the case.

5. Mr. Singhvi has confined his arguments to the point that no offence under section 307/34 IPC is made out against any of the accused.

6. The conviction for the offence under sections 307/34 IPC is for the fractures of 7th, 8th and 9th ribs on the right side of Jatan Singh. There was reputure of pleura and respiratory embracement. The learned trial Judge has held that the offence was committed with the common intention to murder, because Dr. Bajrang Lal PW 10, has opined that, had the medical did not given to Jatan Singh immediately, he could have died, because of the rupture of pleura Mr. Singhvi strenuously contended that the Doctor had not specifically stated that these injuries were sufficient in the ordinary course of nature to cause death and, therefore, ingredients of section 307, I.P.C. are not made out. It has also been urged that Bhagwan Singh and Bhanwar Singh had used the handle side of the Kassis and the fatal injury has not been attributed to any of the three appellants specifically.

7. This is not a case, in which common intention to commit murder or cause any such injury which in the ordinary course of nature be sufficient to cause death, may be inferred and, therefore; section 34 IPC is not attracted. The quarrel is said to have been taken place at the spur of moment because of Doongar Singh taking his she-camel through the field of Gom Singh. Initially, the quarrel was between Doongar Singh and Gom Singh. Jatan Singh, his daughter and wife reached the site on hearing th