"The defense agent believes that there are many ambiguities in this case, the testimony is not uniform, the sentencing is heavy, and it cannot demonstrate justice, and hopes that the court can retry it based on the facts. Tian Yunsu said.

"Appellant Ba Zhiman, what objections do you have to the facts and charges found in the first-instance verdict?" asked Fang Chaoyang.

"I think that in the first instance verdict, there were a lot of problems, only seeing the situation where I hurt people, and not taking into account what happened at the time and the danger I was facing. Ba Zhiman said.

"Don't worry, it's clear one by one!" Fang Chaoyang reminded.

Ba Zhiman nodded, looked around again, glanced at Tian Yunsu on the defense bench, and got encouraging eyes, and then said one by one.

The first instance found that Ba Zhiman attacked the victim in a sober state, and the purpose was very clear. However, Ba Zhiman did not approve of it, he had been slapped a lot at that time, and even had tinnitus, his mind was very unclear, and he just instinctively resisted.

In the first instance, it was found that Ba Zhiman's sister was insulted, and her shirt was only ripped off, and the key parts were not exposed, which was not enough to arouse Ba Zhiman's fierce emotions, believing that he only committed the attack for self-preservation.

Ba Zhiman strongly protested against this, and he and his sister Ba Chuxia testified in unison, Ba Chuxia not only had his upper body exposed, but also was tearing his pants, and the deceased even took off his pants with the intention of violating, and the other two were also accomplices.

In the first instance, it was found that Ba Zhiman's stab in the abdomen of the deceased caused the rupture of the person's liver, which directly led to his death. Ba Zhiman believed that the person still had a chance to survive at that time, and he was very sober when he went downstairs, but he had a traffic accident on the way to the hospital, and the person concerned also reasoned with the driver and missed the best opportunity.

In the first instance, it was found that after stabbing the client, Ba Zhiman continued to attack another person, which was a purposeful wounding. Ba Zhiman emphasized that the man picked up the ashtray and tried to slam him on the head before continuing to resist.

Speaking of these, Ba Zhiman's emotions were very excited, and he spoke for half an hour before he spit out all the grievances in his heart.

Of course, this is all Ba Zhiman's opinion, and it is also the result of communication with the defense lawyer.

Next, the procurator will question the appellant about the facts ascertained in the "First Instance Judgment". Fang Chaoyang said.

Sun Xiaoli, who was on the public prosecution's seat, looked at the record in her hand and asked, "Appellant, why didn't you find any injuries on your face when you emphasized that the injured party slapped and beat you?"

"They were veteran beaters who held my head down with couch cushions and beat them. The beating was terrible, and they tried to suffocate me to my knees, and I almost suffocated to death. Ba Zhiman said excitedly.

"Since it's through the sofa cushions, even if it's a beating, it shouldn't be too serious!"

"The sofa cushions were not thick, I could feel it very clearly, and I couldn't breathe at all, at that moment, I was really dying. ”

"But you can't prove it. ”

"At that time, how could they have given me evidence? I was beaten and I was very scared. Ba Zhiman's fists clenched.

"The next question, the fruit knife that hurt people, you said that the victim brought it, but the victim emphasized that it came from your home, how do you explain it?" Sun Xiaoli continued to ask.

"They brought it, and they found the fruit that my family bought, and ate it in front of us with impunity. Ba Zhiman said.

"However, you have the same fruit knife at home, and the victim stressed that you took the initiative to cut the fruit for them. Ma Xiaoli said.

"How could I serve them, the situation is that when they went out, they took away my fruit knife. Ba Zhiman said.

"Since they brought it, why are there only your fingerprints on the murder weapon?" asked Ma Xiaoli.

"They're wearing gloves. ”

Hearing this, Fang Chaoyang couldn't help frowning slightly, it was obvious that the case was very unfavorable to Ba Zhiman, and there was no evidence for what he emphasized, but the murder weapon was clearly present.

"Appellant, you have repeatedly stressed that the other party's attempt to insult your sister caused you to resist, but if you just tear off your shirt, it is not enough to infringe on the substance. Sun Xiaoli said.

"That's my sister, and even if I go to jail, I won't make up lies to insult her. Ba Zhiman's voice was loud and emotional, "They are just a group of hooligans and scoundrels, after tearing off all my sister's shirts, they went to pull my sister's jeans together, the language was vulgar, my sister was so scared that she cried, how can you let me bear it?"

But there is still no way to prove that the other party really took such an act. Sun Xiaoli emphasized.

"Who are you talking to? I'm a victim, what kind of answer do you want to hear?"

"Appellant, don't get excited, we can understand your feelings, but in court, everything must be evidenced. Sun Xiaoli said.

"They don't have any evidence of minor crimes, and the burden of proof is reversed, so they should be allowed to provide it? I protest, strongly protest, and the administration of justice is unfair!" Ba Zhiman said in a loud voice.

Fang Chaoyang knocked down the gavel heavily and reminded: "Appellant, stay calm and don't roar the court." ”

Alas!

Ba Zhiman slammed his head vigorously and said, "Please continue to ask questions!"

"Appellant, it is necessary to emphasize that the prosecution is not biased, everything is based on the facts, and the law is the criterion. Sun Xiaoli said seriously and continued to ask: "When you stab the victim in the abdomen and bleed, why don't you stop the aggression immediately?"

One of them picked up the ashtray and wanted to hit me, and the other tried to get the bench. Ba Zhiman said.

"So you were in a clear head. ”

"At that time, I was already carried away by anger and only thought about protecting my sister, but remembered their actions. I'm afraid of being beaten to death by them, and I just want to kill them enough. Ba Zhiman said.

"Your next stab went under the shoulder of the other victim and injured his left lung, but you still didn't stop. Sun Xiaoli said.

"Everything happened in an instant, how could I think too much. Ba Zhiman said.

"The prosecution has fully considered what happened to you at that time, and despite the serious consequences of one death and one injury, you still filed a public prosecution for intentional injury, and I don't think you should have a lot of resentment against the prosecution. Sun Xiaoli concluded, and then ended the question.

Ba Zhiman didn't speak anymore, he lowered his head, what he expected was of course innocence, even if it was the crime of intentional injury, it was unacceptable.

Next, the appellant Ba Chiman's defender asks questions. Fang Chaoyang said.

"Appellant, how many times did the other party beat you?" Tian Yunsu asked.

"Twice, I was beaten with a sofa cushion, scolding while beating. Ba Zhiman said.

"Did they do the same beating to your sister Ba Chuxia?"