STATE OF KARNATAKA Vs. MOHAMMED NAZEER ALIAS BABU

JUDGEMENT

(1.) This appeal is against the judgment dated 8th December, 1992. Briefly stated the facts are as follows :

(2.) During trial evidence was led of the wife of the deceased Amiruddin, who was examined as PW.1. Evidence was also led of the daughter of the deceased who was examined as PW.5. Both of them narrated all the above facts. The two neighbours who came to the house, on hearing the commotion, were also examined as PW6 and PW 7. These persons were eye-witnesses to the incident. They confirmed the case that they saw the Respondent giving the deceased a kick on his private parts with the right knee saying that he would not leave him alive. The testimony of PWs. 1, 5, 6 and 7 were not shaken in cross-examination.

(3.) The Doctor, who carried out the post-mortem has been examined as PW. 2. The Doctor deposed that it was found that the left side scrotum was swollen and the muscles in this region were distorted. He deposed that the left testis was found to be bluish in colour specially more so on the lower and upper pole. The Doctor opined that all the injuries were ante-mortem in nature and that the cause of the death was due to neurogenic shock as a result of the injury on the testicles and the scrotum. The Doctor deposed that such injury can be caused if a kick is given by the right knee on the testis. The Doctor deposed that such an injury is sufficient in the normal course to cause immediate death.