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4. Abrasion 1/10" x 1/10" x 1-1/2" medial (inner) to right lobule of ear.

5. Abrasion 2/10" x 4/10" on right face 1 -1/2" medial (inner) to right lobule of ear.

6. Lacerated wound 1/2" x 2/10" on root of right ear (antero aspect).

7. Abrasion on back of neck (1/2" x 2/10") 1" behind lobule of right ear.

8. Abrasion 3/10" on right shoulder joint.

9. Lacerated wound 1" x 4/10" x muscle deep on anterior aspect of abdomen (left side) 3-1/2" lateral to umbilicus, margins irregular.

On internal examination, the doctor found the spleen ruptured.

10. The above discussion of the nature and extent of sheet of injury will show that out of nine injuries six were only abrasions. Two injuries were lacerated wounds and one was incised wound only skin deep. The injuries were either at the hand or at the ear. There was only one lacerated wound at the abdomen but it was only muscle deep. No internal damage appears to have been caused by any of the injuries. The spleen of the victim was ruptured because it was enlarged and the rupture of the spleen may be due to variety of reasons. At least no injury corresponds to the rupture of the spleen. An enlarged spleen is like a ripe papaya and it may be ruptured even by slightest impact.

18. We have heard Shri J.S. Sengar, learned Counsel for the appellants and the learned A.G.A. and gone through the record. We have already discussed the broad aspect of the case.

19. learned Counsel for the appellants argued that taking the worst case, that the prosecution had been able to prove its case, there was absolutely no intention to commit any murder. The injuries of deceased Malak were purely simple as shown in the injury report Ext. Ka-2. The doctor reported that all injuries were simple except injury No. 1 which was at the abdomen. It was advised X-ray. The rest of the injuries were simple and were caused only due to friction. The post-mortem report also shows the same injuries. Dr. S.N. Rai, who had examined Malak, stated in para 5 of his statement that the spleen was ruptured. It was enlarged from before. He also stated that injury No. 9, which was at the abdomen, may have been caused by fire-arm, but he did not find any pellet etc. He further admitted that he did not report that any of the injuries of Malak had been caused by fire-arm. He stated that it might be possible by fall on the ground and it might rupture the spleen. At any rate, the injury report of Malak, his post-mortem report and the statements of the two doctors do not show that spleen had been ruptured by any of the injuries. Malak had enlarged spleen from before and enlarged spleen can be ruptured at any time even by slightest friction and fall on the ground. The victim Malak died not because of the injuries but due to rupture of his spleen, which was enlarged from before.

20. Modi in his Medical Jurisprudence under the heading of 'Spleen' has given specific opinion that an enlarged spleen becomes softened and brittle. Hence it is liable to rupture from a fall or from violence of a very slight degree. Rupture of an enlarged spleen from very slight violence is a common occurrence in districts where malaria and kalazar are prevailing, and enlarged spleen may sometimes rupture spontaneously from the contraction of the abdominal muscles during the act of sneezing, coughing, vomitting or straining. Rare cases have also been reported in which it is claimed that perfectly healthy normal spleen has ruptured spontaneously.