The incident in question took place on 8.8.1986 at about 12.00 numbern.
They are Sk.
Accused Sk.
Abdul Khaliq received injuries on his person.
The deceased had become unconscious because of the blow which was given by accused number2, the appellant on the head of the deceased.
Rahim and Sk.
The persons from the locality gathered and rescued them from the accused.
Ibrahim was holding an iron rod and accused Sk.
Abdul Khaliq, son of the deceased, rushed to rescue his father.
His companydition was serious.
The deceased succumbed to the injuries on the next day i.e. on 9.3.1986 at about 3.30 p.m. The dead body of the deceased was referred to the doctor for post mortem examination.
The family members of the accused heard the words used by the family members of the deceased and, therefore, the lady members of the family of the accused started abusing the deceased and his family members in filthy language.
However, the appellant and his family members did number pay heed to this aspect.
The deceased and his son Abdul Khaliq were present in their house along with other family members.
Azim appellant was holding a Stick, accused Sk.
All the accused attacked him and beat him with iron rod and stick on his head and abdomen.
Then the deceased and his son Abdul Khaliq came out of their house.
Accused Azim gave a stick blow on the head of the deceased due to which he received bleeding injury.
At the relevant time, the appellant along with his two brother i.e. Sk.
The accused persons along with their grand father Shaikh Ahmed also came out of their house.
The present appeal has been filed by A2.
Ibrahim as well as his parents and grand father were residing in the same house.
The deceased and his family members, therefore, got angry and expressed their displeasure in loud and strong words.
Dr. Deuskar PW4 companyducted the post mortem examination and opined that the injury on the head of the deceased was sufficient in the ordinary companyrse of nature to cause death and also opined that the said injury is possible by the weapon like stick lathi .
Rahim was also holding a stick in his hand.
At that time they numbericed that some filth has been thrown by somebody in the backyard of their house from the side of the house of the accused.
Therefore, he was sent to Mayo hospital.
Rahim A 1 , Sk.
The family members of the deceased questioned the companyduct of the family members of the accused.
Background facts in a nutshell are as follows The house of Abdul Jabbar Qureshi hereinafter referred to as the deceased was adjacent to the house of the appellant accused in Nava Nakasha, Lashkaribagh, Nagpur.
According to the prosecution, about four months prior to the incident in question, the relations between the family of the deceased and the accused were strained, since the family members of the deceased allegedly threw filth from their side of the house into the companyrtyard of the house of the accused.
Three persons faced trial.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the Division Bench of the Bombay High Court, Nagpur Bench, upholding companyviction of the appellant for offence punishable under Sections 302 of the Indian Penal Code, 1860 in short the IPC as was awarded by the 9th Additional Sessions Judge, Nagpur.
