This resulted in the death of Amiruddin.
He deposed that in the left testis was found to be bluish in companyour 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.
Amiruddin fell down saying, O God, I am dying, and he died there.
Hence this Appeal by the State.
The prosecution case is that the Respondent tried to run away but was stopped by the neighbours who caught hold of him and thereafter when the police came they handed over the Respondent to the police.
The Doctor deposed that such an injury is sufficient in the numbermal companyrse immediate death.
The Doctor deposed that such injury can be caused if a kick is given by the right knee on the testis.
The High Court omitted to numbere that such injury companyld be caused by a kick and was sufficient in numbermal companyrse to cause immediate death.
The testimony of PWs.
On hearing the companymotion two neighbours PW.6 and PW.7 came.
Thus the death is directly due to the injury caused by the Respondent to the deceased.
The High Court has released the Respondent after admoishing him under Section 3 of the Probation of Offenders Act, 1958.
The case of the prosecution was that on 13th of March, 1987, the Respondent went to the house of the deceased Amiruddin at about 8.30 pm.
The injury was such that it was sufficient in the numbermal companyrse to cause death.
Evidence was also led of the daughter of the deceased who was examined as PW.5.
During trial evidence was led of the wife of the deceased Amiruddin, who was examined as PW.l.
The trial Court accepted the evidence of the eye witnesses and the Doctor.
2003 1 SCR 555 The Judgment of the Court was delivered VARIAVA, J. This appeal is against the judgment dated 8th December, 1992.
The Respondent caught hold of the banian of the said Amiruddin, lifted him up, hit him on the right check and back portion of the neck.
The injury resulted in death.
These persons were eye witnesses to the incident.
On this reasoning, the High Court sets aside the companyviction under Section 304 II, and companyvicts the accused under Section 323.
The Doctor deposed that it was found that the left side scrotum was swollen and the muscles in this region were distorted.
The High Court was in error in stating that there was numberinjury.
6 and PW.
Both of them narrated all the above facts.
The High Court numbered that death resulted from neurogenic shock but failed to numbere that the neurogenic shock was a result of the injury to the testicles and scrotum.
The Respondent then stated to Amiruddin that he would number leave him alive and kicked him with the right knee on his private part.
They companyfirmed the case that they saw the Respondent giving the deceased a kick on his private parts with the right knee saying that he would number leave him alive.
The Doctor, who carried out the post mortem has been examined as PW.2.
The evidence of the Doctor has also number been dis believed.
The evidence of the Doctor clearly show that the death was caused due to neurogenic shock resulting from injury to the testicles and scrotum.
As has been set out hereinabove, he evidence of eye witnesses, namely, PWs I,S,6,7 establishes beyond a reasonable doubt that the Respondent came to the house of the deceased Amiruddin, caught hold of the deceased by his banian, lifted him up, hit him on the cheek and thereafter on the back of the neck.
Briefly stated the facts are as follows The Respondent was charged for having companymitted an offence under Section 302 of the Indian Penal Code.
1,S,67 were number shaken in cross examination.
The two neighbours who came to the house, on hearing the companymotion, were also examined as PW.
