Ajit Singh, J.

This appeal filed by the private complainant is directed against the judgment dated 3.12.2013 passed by the Sessions Judge, Morigaon, in Sessions Case No.13/2013, whereby he has acquitted Respondent Nos.2 to 6 of the charges under Sections 147/148/325 and 302/149 of the Indian Penal Code.

2. The appellant is son of deceased Akter Uddin. He was also examined as an injured eye witness (PW-2).

3. According to the appellant's case, on 27.10.2012, at about 9 a.m., Akter Uddin along with his sons Nekib Ullah and Imdad Ullah (PW-8) was going to attend the Idd prayer. At that time, Abdul Mannash Ali (PW-4), brother of Akter Uddin was also accompanying them. But, on way, they were assaulted and grievously injured with lathi and fist blows by Respondent Nos.2 to 6. Respondent No.6 also gave a kick blow on the private part of Akter Uddin. Seeing the incident, appellant intervened, but he too was beaten up by Respondent Nos.2 to 6. Akter Uddin was taken to hospital where he died during treatment. Abdul Mannash and Imdad Ullah were provided treatment at Morigaon Civil Hospital. The appellant lodged ejahar exhibit 1 at Police Station Lahorighat, District Morigaon.

4. During trial, as many as seven eye witnesses, two Doctors and one Investigating Officer were examined by the prosecution. In defence, Respondent Nos.2 to 6 pleaded false implication due to previous enmity.

5. The trial court after appreciating the evidence of eye witnesses held that they were not truthful and hence disbelieved them. The trial court also accepted the defence of false implication and acquitted Respondent Nos.2 to 6. It is in this background, the appellant has filed the present appeal.

6. After hearing the learned counsel for the appellant as well as the learned counsel for Respondent Nos.2 to 6, we are of the considered view that the appeal has no merit and deserves to be dismissed. All the eye witnesses have deposed in one voice that Akter Uddin was beaten up mercilessly by Respondent Nos. 2 to 6 one after another with lathi and belt and also by giving kicks and fist blows. They also said that kick blow on the private part of Akter Uddin was given by Respondent No.6. But Dr. Rajendra Prasad Bora (PW-1), who conducted the postmortem examination, did not find even a single scratch on the body of Akter Uddin. He, in his postmortem examination report exhibit 1, opined that Akter Uddin died due to blood loss leading to Hypovolemic shock and cardio respiratory failure. The doctor only found a small tear on both sides in small intestine. He also on query made by the court how injury in the small intestine found without any external injury, explained that due to age of a person, the wall of small intestine might get damaged, which causes loss of blood leading to death of the person. The postmortem examination report, therefore, completely demolishes the evidence of eye witnesses that Akter Uddin was beaten up mercilessly by Respondent Nos. 2 to 6 resulting into his death. The trial court also having regard to the postmortem examination report has held that Akter Uddin possibly died due to bleeding on account of tear in the small intestine, which could be due to his old age.

7. Some of the witnesses, including the appellant, have testified that kick blow in the private part of Akter Uddin was given by Respondent No.6, which proved to be fatal. As seen above, no external injury was found on the private part of Akter Uddin. According to appellant's evidence, Akter Uddin was beaten up one after another by Respondent Nos.2 to 6 and when he intervened, he too was beaten up. The appellant had made the ejahar against Respondent Nos.2 to 6 at the Police Station. And, in the ejahar, he has nowhere mentioned about Respondent No.6 giving a kick blow on the private part of Akter Uddin. Had Respondent No.6 actually given such a kick blow, this fact would have surely been mentioned by the appellant in his ejahar. This vital omission clearly casts a doubt on the alleg