- (1.) This appeal is against the judgment dated 8th December, 1992. Briefly stated the facts are as follows : The Respondent was charged for having committed an offence under Section 302 of the Indian Penal Code. The case of the prosecution was that on 13th of March, 1987, the Respondent went to the house of the deceased Amiruddin at about 8.30 p.m. The Respondent caught hold of the banian of the said Amiruddin, lifted him up, hit him on the right check and back portion of the neck. On hearing the commotion two neighbours (PW.6 and PW.7) came. The Respondent then stated to Amiruddin that he would not leave him alive and kicked him with the right knee on his private part. Amiruddin fell down saying, "O God, I am dying", and he died there. The prosecution case is that the Respondent tried to run away but was stopped by the neighbours who caught hold of him and thereafter when the police came they handed over the Respondent to the police.
(2.) During trial evidence was led of the wife of the deceased Amiruddin, who was examined as PW.1. Evidence was also led of the daughter of the deceased who was examined as PW.5. Both of them narrated all the above facts. The two neighbours who came to the house, on hearing the commotion, were also examined as PW6 and PW 7. These persons were eye-witnesses to the incident. They confirmed the case that they saw the Respondent giving the deceased a kick on his private parts with the right knee saying that he would not leave him alive. The testimony of PWs. 1, 5, 6 and 7 were not shaken in cross-examination.
(3.) The Doctor, who carried out the post-mortem has been examined as PW. 2. The Doctor deposed that it was found that the left side scrotum was swollen and the muscles in this region were distorted. He deposed that the left testis was found to be bluish in colour specially more so on the lower and upper pole. The Doctor opined that all the injuries were ante-mortem in nature and that the cause of the death was due to neurogenic shock as a result of the injury on the testicles and the scrotum. The Doctor deposed that such injury can be caused if a kick is given by the right knee on the testis. The Doctor deposed that such an injury is sufficient in the normal course to cause immediate death.;