MUSTAFA MIAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been found guilty under Section 307/34 of the Indian Penal Code and directed to undergo R.I. for two years. They have also been found guilty under Section 447 of the Indian Penal Code and have been sentenced to undergo R.I. for three months. Further Imam Mian @ Imam Hussain has been found guilty under Section 323 of the Indian Penal Code and has been sentenced to undergo S.I. for two months. All the sentences are to run concurrently.

(2.) The prosecution case as stated in the First Information Report by Sagir Mian (P.W. 6) is that the appellants were interfering with flow of water of drain which runs behind the house of Sagir Mian. Sagir Mian objected which resulted in the occurrence.

(3.) It has been submitted that the place of occurrence has been changed. This fact is not quite correct because except one, all the witnesses have supported the prosecution case and have stated that the accused persons came to the front of the door of Sagir Mian which is where the occurrence had taken place. It has been pointed out that the Investigating Officer had also stated that the occurrence took place in the courtyard in front of the house of the informant. Therefore, it cannot be said that the place of occurrence has not been proved by the prosecution. The doctor has described the injury as simple in nature being hardly 1" skin deep. The Trial Court has convicted the appellants under Section 307/34 of the Indian Penal Code. However, the evidence does not indicate that the appellants had pre-planned the occurrence rather it took place in the heat of the moment. The manner in which the injuries were inflicted also indicates that there was no intention to kill rather there was a fight between the parties with respect to flow of water.