The defence version was that on that day at about 11 or 11 30 a m. the deceased, alongwith Mohd.
The prosecution has number explained these injuries of the respondent and the defence version does number explain the fatal injury on the deceased.
The High Court altered the companyviction of the respondent Under Section 302 to one Under Section 304 Part I, I.P.C., and altered the sentence of death to one of rigorous imprisonment for eight years.
In order to appreciate the companytention of the State it is necessary to state the relevant facts.
Hadis and Jan Mohammad were digging the western companypound wall of the Khandhar, which was the subject matter of the dispute between the parties, when the respondent came and protested and he was then assaulted with lathies by the deceased and Mohd.
P.C., was decided in favour of the deceased, Mohd.
These injuries were, according to the doctor, all simple in nature and the age of the injuries, according to him, was about six hours at the time of the examination.
The State of Bihar having obtained special leave the appeal is number before us for disposal.
Hafiz who died as a result of the blow inflicted by the respondent About three months before the present occurence, which occurred on August 3, 1965, at about 1.30 pm.
Hafiz the blade portion of the bhalla pierced the chest Hafiz Hadis caught hold of one end of the bhalla while the handle portion remained in the hand of the respondent in companyrse of snatching of the bhalla the handle portion came out of the blade portion and the respondent ran away with the handle.
The respondent then filed a title suit in the Court of Munsif at Buxar and this suit was still pending at the time of the occurrence.
P.C., between the respondent and Mohd.
There were proceedings Under Section 144 and then Under Section 145, Cr.
Both the High Court and the Sessions Judge have found that on August 3, 1965, at about 1.30 p.m. the respondent inflicted a blow with a bhalla in the chest of the deceased when he after saying his prayers in a nearby mosque was in the sehan accompanied by three persons, namely, Jan Mohammad, P.W. 2, Mohammad Hadis, P.W. 5, nephew of the deceased, and Rahim Mian, P.W. 7 It was the prosecution case that the appellant came suddenly with the bhalla and gave a blow on the left side of the chest of Mohd.
the proceeding Under Section 145, Cr.
Hafiz.
The learned Sessions Judge made a reference for companyfirmation of the sentence of death and the respondent filed an appeal before the Patna High Court.
M. Sikri, C.J. The respondent, Mohammed Khursheed, was companyvicted by the learned Sessions Judge, Shahabad, Under Section 302, I.P.C., and sentenced to death.
The defence examined the doctor, D.W. 1, who had examined the injuries on the person of the respondent on August 3, 1965 at 8 p.m. He had found the following injuries on the person of the respondent Laceration at the lower part of left shin, 1 x 1/4 x 1/6.
Hadis The respondent filed a companyplaint before the S.D.O. regarding the above occurrence the next day i.e. August 4, 1965.
