BARPHATI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment dated 22.12.1999, passed by the 1st Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 3/146 of 1991/1999 arising out of Bhabhua P.S. Case No. .163/1989. Seven accused persons have been found guilty under Sections 325/149 of the Indian Penal Code and they have been sentenced to undergo R.I. for two years each.

(2.) This case arises out of Bhabhua P.S. Case No. 163 of 1989 which is a counter case to Bhabhua P.S. Case No. 162/1989. There were eight accused persons in Bhabhua P.S. Case No. 162/1989 who were sentenced under Section 304/34 of the Indian Penal Code to undergo R.I. for ten years. The accused had filed Cr. Appeal Nos. 3/2000, 16/2000 and 56/2000 before this Court which was heard and dismissed on 10.7.2012 with the modification of sentence and a direction that the appellant Aas Mohammad Ansari of Cr. Appeal No. 3/2000 should pay a sum of Rs. 10,000/-to the heirs of Lali Mian who had died during the occurrence.

(3.) In the present appeal the prosecution case is that on 13.7.1989 Idrish Ansari, the father of the informant went to the field situated in the western corner of the village. There was a dispute with respect to flow of water. Barphati Ansari and Ishaq Ansari assaulted the father of the informant Idrish Ansari by lathi It is also alleged that Saukat Ansari and Asrafuddin Ansari gave bhala blows on the head of the informant which caused bleeding injuries. Ishaq Ansari, Mustafa Ansari, Saukat Ansari, Mustaquim Ansari and Asraphu Ansari assaulted Israil Ansari by lathi. Haidar Ansari was assaulted by Saukat Ansari on the head. Murtuza Ansari assaulted Muslim Ansari. It is also alleged, that Saukat Ansari assaulted Sahiban Bibi during the occurrence.