JUDGMENT :-

A.K. Patnaik, J.

This is an appeal against the judgment dated 16.12.2009 of the Patna High Court in Death Reference Case No. 1 of 2007 and Criminal Appeal (DB) No. 379 of 2007.

FACTS:

2. The facts very briefly are that a fardbeyan was lodged on 17.12.2002 by one Sanju Kumar (hereinafter referred to as Informant), resident of Village Mathura, P.S. Bidupur, District Vaishali. In the fardbeyan, it was stated: Father of the informant, namely Ravindra Prasad, was running a tea stall near the Eastern gate of the GPO. For the tea stall he required about 25 Litres of milk everyday and this milk was being supplied by Sanaullah Khan, the appellant herein, for about a month. Sanaullah Khan started mixing water with the milk and the customers of the tea stall started making complaints about the quality of tea. On 02.12.2002 at about 2.00 p.m. Sanaullah Khan along with Md. Hamid and Arvind came to the tea stall and demanded the dues for the supply of milk. After calculation it was found that the dues amounted to Rs. 1,000/- and Ravindra Prasad gave Sanauallah Khan Rs. 500/- and told him that the rest of the amount will be paid later. Ravindra Prasad, however, informed Sanaullah Khan tha