ABDUL MANAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State.

(2.) Learned counsel for the appellants confined his argument only to the extent of sentence.

(3.) Highlighting the aforesaid points, it has been submitted that dispute had arisen on account of own lapses of informant which he himself narrated. It has also been submitted that occurrence is of the year 1984 and during intervening period of thirty years, appellants have faced ordeal of trial, mental agony. It has also been submitted that from the lower court record, it is apparent that appellants have got no criminal antecedents as well as are not convicts. It has also been submitted that in the background of own fault of prosecution, though shown to be motive but that could be taken a cause which irked the appellants and as the appellant/convict, Dazul Mian @ Zagul @ Wazul Mian who has been found guilty for an offence punishable under Section 324 IPC and sentenced to undergo RI for two years, is dead and further other appellants who have simply been alleged to have assaulted by means of fists and slaps on the order of appellant, Abdul Mannan Mian, are also found to have entered at the last span of their life, on account thereof, needs interference over modification in sentence.