JUDGMENT : - This criminal appeal is directed against the judgment dated 07-11-2003 passed in S.C.No.112 of 2002 on the file of the Court of the VIII Additional District and Sessions Judge (Fast Track Court), Visakhapatnam, convicting and sentencing the appellant - accused to suffer simple imprisonment for a period of six months for the offence punishable under Section 323 of the Indian Penal Code, 1860. 2. The case of the prosecution, in nutshell, is that one Madaka Pydiraju (hereinafter referred to as 'the deceased') and PW-1 worked as driver and conductor respectively in Andhra Pradesh State Road Transport Corporation, Steel City Depot, Visakhapatnam. On 31-05-2002 at about 15-05 hours the deceased and PW-1 boarded the RTC bus bearing No.AP10Z 4377 of Route No.77-B, as driver and conductor to ply in between Munagapaka and Collectorate junction. At about 21.15 hours, when the bus reached Poorna Market Junction due to heavy traffic the deceased drove the bus very slowly and the appellant, who was coming on his motor cycle bearing No.AP35 458, while trying to overtake the bus, dashed against the left front bumper of the bus and fell down on the road along with the motor cycle. On seeing this, deceased stopped the bus and the appellant grew wild against him and forcibly entered into the bus, abused him saying that he was driving the bus blindly and also fisted him on his left cheek. When the deceased questioned about the same, the appellant again fisted blows on his left cheek, due to which he collapsed in the bus. Immediately the deceased was shifted to the King George Hospital, Visakhapatnam in an auto, but the doctors declared him dead. Later on the basis of the report lodged by PW-1 a case in Crime No.62 of 2002, for the offence under Section 302 of IPC, was registered and after completion of investigation, such as recording statements etc., the Inspector of Police, Circle II Law and Order, who was examined as PW-12, filed charge sheet against the appellant for the offence punishable under Section 302 of IPC. 3. After appearance of accused and on considering the material on record, the trial Court framed a charge under Section 302 of IPC against the appellant, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried. 4. 3. After appearance of accused and on considering the material on record, the trial Court framed a charge under Section 302 of IPC against the appellant, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried. 4. In order to prove its case, the prosecution examined PWs.1 to 12 and also got marked Exs.P1 to P13 and on behalf of defence DW-1 was examined and Exs.D1 to D9 were marked. The trial Court on an analysis of both oral and documentary evidence while holding that the appellant is not guilty of the offence punishable under Section 302 of IPC, however, convicted and sentenced him for the offence punishable under Section 323 of IPC as stated supra. Against the said judgment dated 07-11-2003, this appeal has been preferred. 5. Heard learned counsel for the appellant and learned Additional Public Prosecutor. 6. Since the appeal is preferred against the conviction and sentence imposed on the appellant for the offence punishable under Section 323 of IPC, it is pertinent to refer to the evidence of eyewitnesses - PWs.1 to 3 and the evidence of the doctor - PW-10, who conducted autopsy over the dead body of the deceased. The professor of Forensic Medicine, Andhra Medical College, Visakhapatnam was examined as PW-10 and the postmortem report issued by him was marked as Ex.P11. According to the opinion of the said doctor, the death was due to neurogenic shock due to injury to the neck on the left side. Further, there is clear evidence of PWs.1, 2 and 3, who have spoken to the factum of fisting of the deceased by the appellant on his left cheek. It is true that the appellant was neither having intention to kill the deceased nor having knowledge that the said blows inflicted by him would cause the death of the deceased and hence the trial Court rightly acquitted him of the charge under Section 302 of IPC. But, from a perusal of the evidence of PWs.1 to 3 it is evident that the appellant grew wild against the deceased and fisted him on his left cheek unintentionally which resulted in his death. The said blows inflicted by the appellant in the normal course of nature would not cause the death. But, from a perusal of the evidence of PWs.1 to 3 it is evident that the appellant grew wild against the deceased and fisted him on his left cheek unintentionally which resulted in his death. The said blows inflicted by the appellant in the normal course of nature would not cause the death. As per the evidence of the doctor, who was examined as PW-10, there is fracture of terminal at 11/2 cms. part of styloid process on left side - the total length of the styloid process is 4 cms. According to the said doctor, the styloid process is a part of temporal bone at the base of the skull and its normal length is about 2.5 cms. He further spoke in his cross-examination that because of the abnormal growth of 11/2 cms. in the styloid process, it is easily prone to fracture and the fracture on the body of the deceased has indicated the severity of the injury. Hence, the trial Court rightly concluded that the said act would attract the ingredients of Section 323 of IPC and accordingly convicted him for the said offence. Accordingly, I see no merits in this appeal. 7. However, as it is represented by learned counsel for appellant that the appellant is having wife, children and aged parents and they are all depending on him and also considering the fact that he was in judicial custody quite for some time, this Court is of the view that the sentence of simple imprisonment for six months imposed on the appellant by the trial Court can be reduced to that of the period already undergone. 8. Accordingly, the criminal appeal is dismissed. 9. However, the sentence of simple imprisonment for six months imposed on the appellant in S.C.No.112 of 2002 by the VIII Additional District & Sessions Judge, (Fast Track Court) Visakhapatnam, for the offence punishable under Section 323 of IPC, is reduced to that of the period already undergone by him.