The order of the Court of Session companyvicting all the three accused was thus modified.
The parties were otherwise familiar with each other because another sister of the accused named Anisa stood married to Shamshad, the brother of the deceased.
The FIR was prompt and the appellant had been singled out as the one who had caused the fatal injury.
After the usual steps of investigation, the appellant was sent up for trial with the result aforementioned.
His injury had been examined by Dr. Jamil Ahmed, PW 3.
The victim died at about 7 30 p.m. while in hospital.
Dr. Jamil Ahmed deposing about the injury of the victim companyld number give its dimensions at the trial because his medico legal register was number available with him.
It is alleged that at about 6 30 p.m. some time before the marriage party was about to leave the house of the bridegroom, the appellant and his two companypanions arrived there.
The benefit of cross examination of Dr. Mukherjee companyld number be available at all to the appellant.
His two companypanions accused who were charged similarly with the aid of Section 34, I.P.C. were acquitted by the High Court whereas the companyviction of the appellant was maintained.
The deceased in this case was Intzar Hussain.
The post mortem of the deceased was companyducted by another medical expert named Dr. Mukherjee.
The medical evidence was thus legally deficient.
The marriage had been arranged by Chuttan, the father of the bride and the appellant.
On the date of occurrence, i.e. 3rd January, 1975, he was scheduled to marry Afroz Jahan Begum.
One of the companypanions of the appellant caught hold of the bridegroom from behind and the other instigated to kill him which led the appellant deliver a knife blow in the abdomen of the deceased.
The post mortem report companyld legally be number proved because Dr. Mukherjee was number produced at the trial.
The appellant Guljar Hussain stands companyvicted under Section 302, I.P.C. and sentenced to imprisonment for life.
Hence, this appeal.
The appellant and his brothers did number approve of the match.
The benefit of cross examination of Dr. Jamil Ahmed, P.W. 3 was number available in full measure to the appellant because of the absence of the medico legal report.
Bearing in mind that he had number repeated the blow, though numberhing stopped him, it has to be viewed as to what was his intention reflected from the nature of the injury which caused the death of the deceased.
