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Judgment
Parties are heard on question of admission. The appeals are admitted for hearing.
Parties are also heard on, I.A. Nos. 3845/2000, I.A.No. 3779/2000 and I.A.No. 3960/2000.
The submissions of the learned counsel for the appellants are that the deceased had suffered certain injuries on 23rd August and was admitted in the hospital. The hospital authority discharged on 1st Sept and asked him to come back after 10 days for the operation of his hand. The deceased came on the morning of 9th Sept and according to the medical report by that time he had already suffered septicaemia as the doctor found that the injuries to the hand was in bad shape and pus formation had already started. The learned counsel for the appellants submit that present is not a case of instant death of the deceased, but appears to be a case where the deceased died as a result of septicaemia. According to them, even if a number of injuries are taken to be correct in view of the medical report, present would not be a case falling under the mischief of Section 302 I.P.C.
On the other hand, learned counsel for the State, while opposing the applications submits that number of the injuries were caused to the deceased by means of piercing sharp cutting and hard and blunt objects and as the deceased could not recover from the injuries and as the injuries ultimately led to septicaemia and which in turn led to the death of the deceased, none of the appellants deserve to be released on bail.
After hearing the parties and going through the statements of the eye-witnesses, the doctor who had attended first and the autopsy report, we consider present to be fit cases for suspending the execution of the jail sentence awarded to each of the appellants. All the applications are allowed.
Execution of the substantive jail sentence awarded to the appellants shall remain suspended on their furnishing personal bond in the sum of Rs. 10,000/-each with one surety in the like amount each to the satisfaction of the trial Court for their appearance before the Registry of this Court on 21st May, 2001. They shall thereafter appear before the trial Court on a date to be given to them in this behalf by the Registry and shall thereafter continue to appear before the trial Court on all such other dates as are given to them by the said Court with an interval of six months till the disposal of their appeals.