Mishra (supra), where three injuries of simple nature though deadly weapon were caused and the fourth injury, though endangering life could not be deemed to be an injury which would have necessarily caused death but for timely medical aid, their Lordships of the Supreme Court altered conviction from Section 307 of the IPC to Section 326 of the IPC, whereas, in the present case, one injury, i.e. fracture of ulna bone was caused to Santosh Agrawal (PW-4), which is non-vital part of the body i.e. right pinkie finger and the said injury coulld not have necessarily caused the death of Santosh Agrawal but for timely medical aid. Therefore, having regard to the manner in which the offence is committed and other attending circumstances as notice hereinabove, we are of the considering opinion that the trial Court has rightly acquitted the accused person of the ofence under Section 307 of the IPC and other related offences i.e. offences under Sections 294, 506 (part-II) & 450 of the IPC, as necessary ingredients is not found to be proved from the evidence adduced by the prosecution. Therefore, we hereby affirm the acquittal of accused persons /respondents No. 2 & 3 for the offences under Sections 294, 506 (part-II) & 450 of the IPC.
