ALI RAJA MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both the parties.

(2.) Prosecution case, in brief, is that informant and his son were involved in sale and purchase of cattle on 12.09.1999. For the purchase of cattle, deceased went to the village Duldulia in the house of the accused Sarfuddin Mian. With the help of Sarfuddin, deceased succeeded to purchase a Calf for Rs. 1100/- from Gayasuddin Mian and a Cow for Rs. 2200/- from Unush Mian. The deceased accompanied the accused Sarfuddin Mian and her daughter, accused Hasbun Nessa with Cow and Calf proceeded for his house at 2.00 pm. When all the three reached near a bridge, the accused Sarfuddin Mian gave a push to the deceased Mustaque due a to which he fell down in the river on 17.09.1999 and drowned.

(3.) The informant came to village Duldulia in search of his son interrogated accused Hasbun Nessa whereabouts of the deceased, she disclosed that she along with her father and villagers Azimallah Sah, Noor Alam and Nathu Sah were accompanying the deceased with the Cow and Calf, the deceased was pushed in the river who drowned and thus, they committed his murder. They took away the cattle and cash from the deceased and sold the cattle to Maqbool Sah for Rs. 3000/-which was recovered also. Hasbun Nessa was arrested and the case was registered.