Judgment 1. There are three appellants in this appeal, who have been convicted under Sec. 304, Part-I of the Indian Penal Code and sentenced to 10 years imprisonment by the Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 108/89. 2. Appellants No. 1 and 2 are own brothers. They are residents of village Kalo Dumaria while appellant No. 3 is the resident of village Kusmaha. Both the villages are within the jurisdiction of Jarmundi Sub Division. 3. The case against the appellants is that on 21-10-1988 at 8.00 p.m. the appellants caused hurt to deceased Kistu Murmu in his abdomen by slaps, fists and kicks in front of the house of Nilmani Marandi. The deceased was own uncle of appellants No. 1 and 2. After the assault, appellant Pargana Murmu carried the deceased Kistu dragging to his house. There also the appellants are said to have caused hurt to Kistu. In the night they placed the injured Kistu in the Court yard of Nilmani Marandi. In the next morning, the persons from the village arrived to whom the deceased told that he had been assaulted by the appellants. All the accused persons had caused hurt by fists and kicks in his abdomen. The villagers asked the appellant Pargana Murmu to keep Kistu in his house and get him treated but the appellant Pargana did not do so. Kistu Murmu remained untreated for two days. Thereafter on 24-10-1988 the villagers decided to carry him to Jarmundi Hospital for his treatment but he succumbed to his injuries in the way at village Baratand. The villagers carried Kistu to Jarmundi Police Station and on hearsay statement a case under Sec. 302, I.P.C. was registered against the appellants. No report of assault was given to the police. The entire fact came to light after the death of the deceased. 4. There is consistent evidence of assault only against appellant No. 1 Pargana Murmu. The evidence is that Pargana Murmu assaulted the deceased. Matal Marandi (P.W. 6) stated that he saw Pargana Murmu causing hurt to Kistu Murmu by fists in the lane in front of the house of Jola Murmu. Houses of Nilmani Marandi and Jola Murmu is side by side. Nilmani Marandi claims to be eye witness but it is doubtful that she had seen the occurrence. Matal Marandi (P.W. 6) stated that he saw Pargana Murmu causing hurt to Kistu Murmu by fists in the lane in front of the house of Jola Murmu. Houses of Nilmani Marandi and Jola Murmu is side by side. Nilmani Marandi claims to be eye witness but it is doubtful that she had seen the occurrence. According to her evidence the deceased Kistu had said that all the three appellants had caused hurt to him. Her evidence is no doubt somewhat confusing but I think the conviction ofPargana Murmu deserves to be affirmed. The other two appellants are given benefit of doubt as there is evidence only against Pargana Murmu that he had caused hurt to the deceased. 5. In the result, appellants 2 and 3 are acquitted by giving them benefit of doubt. They are discharged from the liability of their bail bonds. The appeal of appellant No. 1 Pargana Murmu is dismissed but his sentence is reduced to the period already undergone by him.Appeal dismissed.