SHER JAMA MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.7.2003 and 18.7.2003 respectively passed by Sri Lakshman Sinha, 4th ADJ, Gopalganj in Sessions Trial NO.54 of 1996/203 of 2000, by which the appellants were convicted under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for seven yeas.

(2.) During the pendency of the appeal, it has been reported that the appellant no.1 (Sher Jama Mian) has died and as such a report was called for and from the report received from the S.P., Gopalganj, it appears that the appellant no.1 has died and as such the appeal against the appellant no.1 stands abated.

(3.) The prosecution story as per fardbyen of Md. Ali (informant) (P.W.4) in short is that there was land dispute between the informant and his neighbour Sher Jama Mian (appellant No.1) and it is stated that Sher Jama Mian was player of black magic and on the day of occurrence Sher Jama was standing on the roof of his neighbour Shabra Begum concealing himself and thereafter he jumped upon his own roof. Shabra Begum found some mustard and sand sprinkled on her roof on which she stated as to why he is harassing them. It is also the prosecution story that thereafter the appellant no.1, his wife, appellant no.2 and grand daughter went on their roof and sprinkled liquid substance on the informant and others causing injury to them.