MD. HALIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) NONE appears today also on behalf of the appellants.

(2.) SRI Jitendra Kumar Roy -I, Advocate is present in Court. He has been requested by me to assist the Court as Amicus Curiae to which he has readily agreed.

(3.) SOME of the facts which appear admitted from the record of the case is that the informant Md. Salim and appellant Md. Halim were full brothers being sons of Md. Abdul Bihari. They had some dispute in respect of a land measuring 16.25 dhurs and the informant had also filed a title suit and probably had claimed the recovery of possession as his evidence appears indicating that he sought a decree for demolition of the house of the accused persons which decree, as may appear from his evidence in para -2, had been stayed by this Court. Not only that, for the same disputed land there had earlier been same incidence between the parties and there were several criminal cases pending between them as appears from the same paragraph -2 of P.W.2.