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It is the case of the prosecution that PW1, PW5, the deceased Zakir Hussain and PW3 Kum.Rehemath are the sons and daughter of PW2 Smt.Zohara. They were all residing in a house situated at Block No.8A, Krishnapura Village, Katipalla in Suratkal. All the accused are also residents of Krishnapura and Suratkal. The accused, PWs.1, 2, 3 and 5 are known to each other as they are all residing in the same vicinity as aforesaid.

It is the case of the prosecution that on 27.12.1998 there were communal disturbances between Hindus and Muslims in Suratkal area including Krishnapura where PWs.1, 2, 3, 5 and 7 are residing. In connection with the said communal disturbances, curfew had been clamped in Surakal area including Krishnapura. On 03.01.1999 curfew had been relaxed. PWs.1, 2, 3 and 5 on account of the communal disturbances which had commenced on 27.12.1998, in order to safeguard themselves had gone and hidden in a nearby Nursery Farm. Since curfew was relaxed on 03.01.1999, all these persons i.e., PWs.1, 2, 3 and 5 came to their house situated at Krishnapura. At that point of time, according to the prosecution they had forgotten to bring back all the articles which they had carried to the Nursery where they had stayed from 27.12.1998. Therefore, PW1 and his another brother PW5 went back to the Nursery to bring those articles which they had left in the Nursery. At that point of time, the deceased Zakir Hussain, PW2 his mother and PW3-daughter of PW2 were in the house. At about 12 noon that day, as per the case of the prosecution, a mob comprising of about 40-50 persons, which included these accused persons, having formed themselves into an unlawful assembly armed with deadly weapons came near the house of PW2. Thereafter the accused in furtherance of the common object of their unlawful assembly which was to murder the family members of PW2 attacked on the house of PW2, trespassed into the house and thereafter they first assaulted the deceased Zakir Hussain with weapons which they had carried. Seeing the assault made on the deceased Zakir Hussain, when PW2 went to his rescue, she was also assaulted by the accused on her head with iron rod and uli (an instrument used by carpenter). On account of the assault made, both the deceased and PW2 sustained severe injuries on their persons. PW3 i.e., daughter of PW2 who was also in the house, on seeing the mob attacking their house hid herself beneath the cot and thereby she escaped from being assaulted at the hands of the accused and the mob which had attacked their house. It is also the case of the prosecution, in the meantime, PWs.1 and 5 who had gone to the Nursery to bring back the articles that they had left while they were near their house on seeing the mob attacking their house hid themselves behind a bush and saw the accused attacking their house, breaking open and entering into their house. After the accused assaulted the deceased and PW2 they left the said place. Thereafter PWs.1 and 5 came to the house. They noticed the deceased Zakir Hussain lying in a pool of blood and their mother PW2 with a head injury. In the meantime, the police who were on patrol had come with a vehicle near the house of PW2. PW1 thereafter with the assistance of the said police and some local people removed the two injured including the deceased to Padmavathi Hospital at Suratkal which is near their house. At the said hospital, on the advise of the Medical Officers, the deceased was immediately removed to Unity Health Complex, Mangalore, where the deceased was first seen and examined by PW15. PW2 who had been taken to Padmavathi Hospital was first examined by PW18, Medical Officer. Thereafter, she was examined by PW17. The said Doctors have issued the wound certificate in respect of PW2 as per Exs.P18 and P19.

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have to find out whether there is any corroboration to their testimonies from any independent quarters. Bearing this in mind, we would examine their evidence on record. PW1 is the complainant in the case. He has filed his complaint Ex.P1 before PW19 on the day of occurrence at Padmavathi Hospital. In Ex.P1 he has stated that a mob had attacked their house and his brother and mother were assaulted inside the house. He has further stated that he suspects accused No.1 to be the culprit in the case. He is not definite about the participation of accused No.1. On the other hand a perusal of Ex.P1 discloses a mob had attacked on the house of PW2 and that mob had not only trespassed into the house, but also damaged their house and had assaulted the deceased and PW2 which had resulted injuries on them due to which, the deceased succumbed to the injuries sustained on 10.01.1999 while undergoing treatment at Unity Health Complex, Mangalore.

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14. PW1 in his evidence has categorically admitted that he has not stated before the police at the earliest point of time that is in his statement recorded by PW20 that they had gone and stayed in the Nursery for two days prior to the occurrence of this incident. He has also not stated that he saw the occurrence i.e, the mob attacking their house on the date of occurrence by hiding behind a bush. In the light of this, it is difficult to accept the testimony of PW1. Further it is not the case of the prosecution that PW1 was inside the house and he had seen the actual assault made on the deceased and PW2.

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statement, she does not take out these accused persons either as the assailants of the deceased or her assailants. She comes out with a version only before PW22 the Investigating Officer after he has taken over investigation on 21.01.1999, about 18 days after the occurrence. As already pointed out, the evidence on record reveals there were communal clashes between Hindus and Muslims. In the said communal clashes, which had commenced on 27.12.1998, two of the Hindus had died and in this occurrence which has taken place on 03.01.1999, the deceased Zakir Hussain belonging to Muslim community has died. The evidence of PWs.1, 2, 3 and 5 as already pointed out reveals that a mob had attacked their house. If a mob had attacked their house and as her evidence does not reveal the accused as the culprits and as they have not taken out their names at the earliest point of time examined by PW20 on 03.01.1999 and further as the evidence of PW2 is in direct conflict with the medical evidence which is on record, it does not inspire confidence to place any reliance on her testimony.