RUSTAM ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 304 Part II IPC and sentenced to RI for ten years by the 2nd Additional Sessions Judge, Purnia in Sessions Trial No. 196/86 by a judgment dated 16.06.1995.

(2.) THE prosecution case is that on 26.10.1984 on account of settlement of a civil dispute between the parties a meeting was convened in course of which an altercation arose when both the parties became angry and then the appellant Rustam is said to have assaulted the cousin of the informant with a lathi on account of which he fell down and died. THE rest of the accused persons also assaulted the cousin of the informant namely Wasid, Abdul Khalique and Abdul Noor. Initially a charge under Section 302/149 IPC and such ancillary Sections was framed against the appellants but they were acquitted of the charges and convicted as mentioned above.