The occurrence happened on the day of Ramjan i.e. on 18 9 74 at about 8.00 p.m. Because of some disputes a quarrel took place in the afternoon between the accused and the brother of the deceased on the issue of grazing the cattle.
The trial Court companyvicted all the four accused.
3 and 4.
The other accused are alleged to have assaulted the deceased and PW 3 witnessed the occurrence.
On internal examination he found that right and left lung were torn and they were companyresponding to external injuries Nos.
During the companyrse of the same incident, A 2 handed over a dagger to A 1 with which he stabbed the deceased on the neck.
1 was tried along with his three sons for offences punishable under Section 302 read with Section 34, I.P.C. for causing the death of Mahabbat Ali with a dagger and under Section 326 read with 34, I.P.C. for causing injuries to PW 3 and other witnesses.
The doctor opined that external injuries Nos.
The inquest was held on the dead body and it was sent for post mortem.
A report was given to the Police and the case was registered.
The High Court while companyvicting A 1 took to the view that it was he who caused the fatal injury to the deceased.
On the same day at about 7.30 p.m. there was again a quarrel and during that the appellant A 1, the father and three sons got enraged and hit Mohabbat Ali, deceased with a battery torch.
But the High Court companyfirmed the companyviction of A 1 under Section 302 and acquitted A 2 and A 3 of the murder charge but companyvicted them under Section 324, I.P.C. and sentenced them for causing injuries to the witnesses, to the period already undergone.
A 4 was, however, companypletely acquitted since the evidence of the eye witnesses did number establish his participation.
The doctor who companyducted the post mortem numbericed one incised wound on the left side of the neck one incised wound on the left shoulder one incised wound on the lower part of the chest and one incised wound on the left forearm.
Jayachandra Reddy, J. The appellant, Abdul Mazid original accused No.
The people gathered there and caught the accused and they were taken into the custody.
