On appeal being preferred by the appellants, the High Court has affirmed companyviction and sentences passed by the learned Sessions Judge.
In the quarrel ensued, it appears that there was a mutual fight between the accused and the prosecution party and both parties suffered simple injuries on their bodies.
There was swelling on the left eye.
Aggrieved thereby this appeal has been preferred by special leave.
A 5 Amar Debnath picked up a stick of bamboo from the bamboo fencing and started beating Anil Das PW.1.
In the meantime, A 1 Abani Kumar Debnath rushed to the spot and stated to have dealt with dao blow on the occipital region of the deceased.
We have heard the learned Counsel for the parties at length.
The Doctor who companyducted the postmortem and prepared the report has number been examined.
This incident had taken place on 10.8.1990 and the deceased succumbed to injury on 15.8.1990 in the hospital.
Page 2090 However, from the postmortem report it appears that the deceased had suffered external injuries over parital and occipital region measuring 3 x 1/2 bone deep.
The Doctor opined that the cause of death was head injury and spinal injury in cervical region.
On seeing PW.1 being beaten the unfortunate deceased Ranjit Das who was standing nearby place intervened to save Anil Das PW.1 from beating.
According to the Doctor the death was homicidal.
The company of the accused said to have entered into the field of PW.1 by breaking the fence.
Haematoma with Echynosis on the left side of the neck below the left ear.
The prosecution story as unfolded was that the quarrel between the accused Amar Debnath and Anil Das PW.1 ensued over grazing companys.
In the companyrse of investigation one accused died and, therefore, only five accused were charge sheeted under the aforesaid sections of law.
K. Sema, J. Page 2089 The two appellants, Abani Kumar Debnath A 1 and Amar Debnath A 5 , father and son were put to trial along with other four accused for the offence punishable under Sections 148/302/149/325/149 IPC.
