SAMSUDDIN KHAN Vs. STATE

JUDGEMENT

(1.) ALL the appellants who were charged Under Section 302, read with Section 34, IPC for murdering one Ushman Ali Khan, Under Section 323 read with Section 34,lPCfor voluntarily causing hurt to PWs 8 and 12 and Under Section 342 read with Section 34 IPC for wrongfully confining the said witnesses, having been convicted Under Section 304, Part I, IPC and sentenced to Rl for eight years each, as also under Secs 323 and 342 read with Section 34 IPC and sentenced on each count to Rl for six months each, have preferred this appeal.

(2.) THE prosecution case for which the appellants stood trial was that on 21 -2 -1986 at about 4 p. m. PWs 8 and 12 and the deceased had been to Raghunathpur to witness a cinema but since there was yet some time left for the show to begin, they proceeded to PWs 8's aunt's house at Dharadharpur where they met PW 2 and went to his house. While they were returning to Raghunathpur to visit the show and had reached the outskirt of village Raghunathpur, the appellant Nos. 1 and 2 came from behind and the appellant No. 1 abusing PW 8 dealt a fist blow on his head. The appellant No. 2 also gave a lathi blow on his head. The appellant No. 1 charged PW 8 of his having talked in a boastful manner on the oprevious day and assaulted him, Since because of such assault the deceased and PW 12 intervened, the appellant No. 2 assaulted them with lathi. In the meantime the appellant Nos. 3 and 4 reached there. Appellant No. 3 threw a cycle on PW 12. At th3t time the appellant No. 2 dealt a khife blow on the left side abdomen of the deceased on account of which he fell down. It was the version of PW PW 8 that on the day preceding the occurrence he had been to Raghunathpur and Dharadharpur to take measurement of a grill gate of the Plan and while he was taking measurement the appellant No 1 came there and asked him why he had gone to the deity's place with shoes on. PW 8 had replied that he had not entered inside the sanctum sanctorum of the deity but the appellant No. 1 has abused and chased him with a view to assault from which he had been rescued by the Mou'abi and one Mangu Khan.

(3.) ADMITTEDLY the deceased was removed to the S. C. B. Medical College Hospital where he underwent treatment and died twelve days after on 4 -3 -1986. Surprisingly the doctor who treated the deceased has not been examined as a witness. The only medical evidence as regards the deceased is that of PW 7, the doctor who conducted the autopsy. His evidence reveals of his having discovered the following external and internal injuries on the deceased :