In fact, he was of the opinion that it was laceration of the left lung which primarily resulted in the death.
Yunus enquired from his sister about it and informed the appellant that she had number done so.
These facts have been held to be proved by the Sessions Court and the High Court of Allahabad on the basis of the evidence of three eye witnesses, Yunus, Jumman, and one other person Bal Chand, who was an independent witness.
At the huose, Smt.
The Courts also relied on the evidence of the Doctor which proved that Smt.
Both the Courts have companycurrently believed the evidence of all these witnesses, and the finding of fact recorded by them holding that the version set out above has been established by the evidence of these witnesses has number been challenged before us by learned companynsel for the appellant.
On subsequent post mortem examination on the body of Smt.
The appellant and his mother there after ran away from the scene of occurrence.
Even, ordinarily, this companyrt does number re assess the evidence which has been companycurrently believed by the Sessions Court as well as the High, Court.
Halima, however, died immediately as a result of the injuries caused by the appellant.
In the opinion of the Doctors, the injuries were sufficient to cause death in the ordinary companyrse of nature.
On the right side, the 4th, 5th, 6th and 7th ribs in mid auxiliary line were fractured and, on the left side, the 3rd, 4th, 5th and 6th ribs were fractured.
Halima died a violent death as a result of the pressure applied on her chest which fractured her ribs and caused laceration of the left lung.
The appellant pushed her on the ground and pressed his knee joints with great force.
Further, there was laceration of the left lung caused by one of the broken pieces of one of the left ribs.
Halima raised an alarm which attracted her husband, Jumman, to the scene of occurrence and some other witnesses also arrived.
The pleura was found lacerated at the sites of the fractures.
Halima, it was found that she had two large companytusions on the right and left side of the chest.
Fatima, mother of the appellant, started slapping Yunus and exhorted the appellant to give him a beating, so that the appellant also started beating Yunus with fists and kicks.
Halima, the sister of the father of Yunus, who was living close by, saw Yunus being beaten and ran up to save her nephew.
Bhargava, J. Riasat has appealed, by special leave, against his companyviction and sentence of death for an offence punishable under Section 302, Indian Penal Code, and another sentence of 6 months rigorous imprisonment under Section 323, I. P. C. The facts forming the basis of the companyviction are that, on 18th September, 3965, at about sunset, in village Marchaur, the appellant companyplained 1o one Yunus that his sister Asma had plucked some maize companys from his field.
Yunus refused whereupon the appellant caught hold of his hands and took him along towards his house.
The appellant then asked Yunus to accompany him to see situation for himself.
