IMPORTANT POINT
On account of its situation, rupture of a normal spleen is very rare unless caused by considerable crushing and grinding force.

JUDGMENT

M.M. Lal, J. - Criminal Appeal No. 1069 of 1977 has been filed against the judgment and order dated 25-5-1977 passed by Sri Chaman Singh, the then Sessions Judge. Mathura by which he has convicted Sri Prakash appellant under section 325, I.P.C. and has sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default thereof to further undergo rigorous imprisonment for three months.

2. Criminal Revision No. 959 of 1977 has been filed by Hissa informant with a prayer that the sentence imposed on the accused -appellant should be enhanced.

3. As both these appeal and revision arise from the same judgment, hence the same were heard together and are being taken up together for disposal in this judgment.

4. According to the case of the prosecution on 14-3-1976, i.e., one day prior to the festival of burning of 'Holika', at about 8 p.m. in village Tentigaon, P.S. Surir District Mathura five boys, namely Bachu deceased, Mohan, Mahendra, Devendra and Ram Das P.W. 6, had removed thatch from the 'Bitaura' of the appellant. These boys were taking the said thatch to a nearby pond where it was intended to be burnt on the next day. Adjoining 'Bitaura' belonged to Mangoo P.W. 3. When he saw the aforesaid boys removing and taking away the thatch of the appellant, he went to inform the appellant about the same. The appellant rushed to save his thatch. On seeing the appellant coming, the four boys namely Devendra, Mahendra, Mohan and Ram Das P.W. 6 concealed themselves in the nearby wheat field of Puniya. Bachu deceased remained at the spot. He was caught by the appellant. The appellant fell him on the ground and caused him injuries by fists, kicks and elbows, Nanga P.W. 4 and Devia alias Devi Ram P.W. 5 accompanied by Prasadi and Banne Singh, were passing by that side. On hearing the cries and shrieks of Bachu, they came to the place of occurrence and rescued him. Nanga P.W. 4 was sent to inform P.W. 1 Bissa, the father of the 'Bachu deceased. He came to the place of occurrence and took away his son.

5. On 16-3-1976 at 10.30 a.m. P.W. 1 Bissa went to the police station and lodged a report of the incident, which' was registered under section 323, I.P.C. The said Bachu expired on 16-3-1976 at 7.30 p.m. On receipt of the information regarding the death of the child this case was converted into a case under section 304, I.P.C.

6. On registration of the case Sri T.N. Sharma, S.I. started investigation of the case. He went to the village, where he found the dead body of Bachu lying in the court-yard of his house. He prepared the "Panchayatnama" and other connected documents of the dead body. The I.O. inspected the place of occurrence and prepared the site plan thereof. He also recorded the statements of Hissa, Nanga and Ram Das etc., on the same day.

7. The post mortem examination of the dead body of Bachu was conducted by P.W. 2 Dr. M. Hussain, the then Medical Officer, District Hospital, Mathura on 17-3-1976 at 4 P.M. He did not find any visible injury on the dead body of Bachu. However, on internal examination the doctor found laceration of the lever in an area of 11/2" x ½" x ½". He further observed that there was laceration on the anterior border in an area of ¾" x 1/4" x t". On weighing he found the weight of spleen is six ounces.

8. The doctor also found two ounces of clotted blood on the right side and 21/2 ounces of clotted blood on the left side of the abdominal cavity.

9. According to the doctor the death of Bachu bad taken place due to shock and haemorrhage.

10. The prosecution in all has examined nine witnesses P.W. 1 Hissa is the father of the Bachu deceased. P.W. 2 Dr. M. Hussain had conducted the post mortem examination of the dead body of Bachu. P.W. 7 Dr. Trilok Chand is a private practitioner at Surir, where Bachu was taken for medical aid on 16-3-1976. The said doctor had simply given A.T.S. injection to him and had advised the boy to be taken to hospital. P.W. 3 Mangoo is the witne