IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.366 of 2003

Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ

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1. Sher Jama Mian son of Iltaf Hussain Mian

2. Ajam Mian, son of Sher Jama Mian

Both resident of village Jangalia, P.S. Gopalganj, Dist. Gopalganj

.... .... Appellants

Versus

State of Bihar

.... .... Respondent

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Appearance :

For the Appellants : Mr. Uma Shankar, Sr. Adv.

Mr. Lal Babu Keshari, Adv.

For the Informant : Mr. Shekhr Singh, Adv.

Mr. Shree Nivas Madhuvan, Adv.

For the State : Mr. Binod Bihari Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

ORAL JUDGMENT

Date: 05-07-2018

This appeal is directed against the judgment and order dated

15.7.2003 and 18.7.2003 respectively passed by Sri Lakshman Sinha,

4^th 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

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(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.

4. On the basis of the aforesaid fardbeyan Gopalganj

P.S.Case no.139 of 1995 was registered, post investigation, charge-

sheet has been submitted and the cognizance of he case has been

taken and the case was committed to the court of sessions, which

ultimately came to the file of Sri Lakshman Sinha, 4^th ADJ,

Gopalganj for trial and disposal. It further appears that in this case

charges were framed under Section 307 and 34 of the Indian Penal

Code.

5. The prosecution has examined altogether seven

witnesses, they are P.W.1 Md. Idrish, P.W.2 Hasbun Khatoon,

P.W.3 Jahangir, P.W.4. Md. Ali (informant) P.W.5 Dr. Janak Lal

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Sharma, P.W.6 Tej Narayan Lal (I.O.) and P.W.7 Shabara Begum,

who is not charge-sheeted witness and she has been examined on the

prayer of the prosecution.

6. No documentary or oral evidence has been adduced on

behalf of the defence and his evidence as per cross examination and

the statement under Section 313 of the Cr.P.C. is of innocence and of

false implication in this case.

7. The learned trial court on conclusion of the trial has

convicted the appellant under Section 307 of the IPC and sentenced

to undergo R.I. for seven years.

8. The learned counsel for the appellant has assailed the

judgment on the ground that the learned trial court in spite of the

evidence of the Doctor that injury was caused by boiling water, has

convicted the appellant under Section 307 of the IPC and under the

aforesaid facts and circumstances the convicti