very portion of the statement against Shamsuddin to hold that he was intending to kill Mehfooj @ Kaju. The version given by the accused may or may not be true but it is definitely a possible version. We are of the considered opinion that something must have happened when the second incident took place which gave rise to the accused Shamsuddin to give three knife blows to Mehfooj @ Kaju. Unfortunately the version of the prosecution witness that the mother was instigating has not been believed. That leaves us with no other reason why the accused gave a blow to Mehfooj @ Kaju. These witnesses especially PW9, Mohd. Hayat @ Bablu and PW10, Naeem @ Nammu are not telling the whole truth. They are partially telling the truth but something is being hidden as to what was the cause of the second fight which took place between Shamsuddin and Mehfooj @ Kaju. Therefore, if two versions are possible, we have to give the benefit to the accused and we hold that the version of the accused that Mehfooj @ Kaju abused him may be a possible version. It is true that this version was not put to any of the prosecution witnesses when they stepped into the witness box and this may be a cooked up version to save the lives of his parents, but here also we have to remember that as far as Sirajuddin is concerned, none of the witnesses have spoken anything. In fact, all the witnesses have stated that Sirajuddin was trying to stop his wife and son from attacking anybody. Therefore, there is something which is being hidden from the Court.
