Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) NO. 3 OF 2000 WITH CRIMINAL APPEAL (SJ) NO. 16 OF 2000 WITH CRIMINAL APPEAL (SJ) NO. 56 OF 2000 AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 22ND DECEMBER, 1999 PASSED BY SHRI UMAKANT SRIVASTAVA, 1ST ADDITIONAL SESSIONS JUDGE, BHABHUA IN SESSIONS TRIAL NO. 673 OF 1989/134 OF 1999 ARISING OUT OF BHABHUA POLICE STATION CASE NO. 162 OF 1989 ======================================================== AAS MOHAMMAD ANSARI, SON OF GUL MOHAMMAD ANSARI, RESIDENT OF VILLAGE SONHAN, P.O. AND P.S. SONHAN, DISTRICT KAIMUR (BHABHUA) …......... APPELLANT (CR. APP. 3 OF 2000) WITH GUL MOHAMMAD ANSARI @ GULLU MIAN, SON OF LATE JUMMAN MIAN, RESIDENT OF VILLAGE SONHAN, P.O. AND P.S. SONHAN, DISTRICT KAIMUR (BHABHUA) …….….. APPELLANT (CR. APP. 16 OF 2000) WITH 1. HAIDAR ANSARI @ HAIDER ALI ANSARI, SON OF ISRAIL ANSARI 2. SAHIDUL ANSARI, SON OF KARIM ANSARI 3. MUSLIM ANSARI, SON OF AAAS MD. ANSARI 4. AKHTAR HUSSAIN @ AKHTAR ANSARI, SON OF ISRAIL ANSARI 5. TASLIM ANSARI, SON OF AAS MD. ANSARI 6. QUAMUDDIN ANSARI, SON OF IDRIS ANSARI 7. SAHBAN ANSARI, SON OF SULEMAN ANSARI ALL RESIDENTS OF VILLAGE SONHAN, P.O. AND P.S. SONHAN, DISTRICT KAIMUR (BHABHUA) ……………. APPELLANTS (CR. APP. 56 OF 2000) VERSUS THE STATE OF BIHAR …….... RESPONDENT (IN ALL APPEALS) Appearance : (In CR. APP (SJ) No. 3 of 2000) For the Appellant/s : Mr. Abbas Haider Mr. Md.Kamil Akhtar For the Respondent/s : Mr. (In CR. APP (SJ) No. 16 of 2000) For the Appellant/s : Mr. Md. Abdul Haque Mr. Md. Kamil Akhtar Mr. Syed Firoz Raza Mr. Abbas Haidar Patna High Court CR. APP (SJ) No.3 of 2000 dt.04-07-2012 2 / 7 2 For the Respondent/s : Mr. (In CR. APP (SJ) No. 56 of 2000) For the Appellant/s : Mr. Md.Kamil Akhtar Mr. Syed Firoz Raza Mr. S.Qaisar Hasan For the Respondent/s : Mr. ======================================================= CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 10-07-2012 Sheema Ali Khan, J. There are three sets of appeals preferred against the common judgment of conviction and order of sentence dated 22nd December, 1999 passed by the 1st Additional Sessions Judge, Bhabhua in Sessions Trial No. 673 of 1989/134 of 1999 arising out of Bhabhua Police Station Case No. 162 of 1989 and accordingly, they are disposed of by this common judgment. 2. By the judgment under appeal, the appellants Aas Mohammad Ansari (Cr. Appeal No. 3 of 2000) and Gul Mohammad Ansari (Cr. Appeal No. 16 of 2000) were sentenced to undergo rigorous imprisonment for ten years for the offences punishable under [STATUTE] . The seven appellants of Criminal Appeal No. 56 of 2000 were also sentenced to undergo rigorous imprisonment for six years each for the offences punishable under [STATUTE] . 3. A supplementary affidavit has been filed on behalf of Gul Mohammad Ansari @ Gullu Mian wherein it has been stated that Gul Mohammad Ansari died on 12th November, 2001. The death certificate has not been annexed to this Patna High Court CR. APP (SJ) No.3 of 2000 dt.04-07-2012 3 / 7 3 supplementary affidavit, therefore, as far as Gul Mohammad Ansari is concerned, his appeal would abate subject to the verification by the Trial Court or else the case of Gul Mohammad Ansari would be governed by the judgment which has been delivered on merits in this case. It has also been stated that Sahidul Ansari, appellant of Criminal Appeal No. 56 of 2000 died on 25th June, 2012. The appeal against him would abate subject to the verification by the Trial Court or else he would also be governed by the judgment delivered in this case. 4. The case, as made out in the First Information Report is that on the basis of the written report of Md. Asharfuddin, wherein he has alleged that the accused persons variously armed with farsa, lathi and garasa came to the east- north corner of the paddy field which is the place of occurrence, which was submerged in water. The brother of the informant was draining the water, when Quamuddin Ansari is said to have given him a lathi blow. The others came and began to assault Adrakh Mian, Shaukat Mian, Sagina Bibi, Mustafa and others. It is also alleged that Aas Mohammad gave a blow on the head of Lali Mian due to which Lali Mian fell down and then Gul Mohammad gave him a lathi blows on his chest and hands. Lali Mian died in the hospital on the next day of the occurrence. The postmortem was conducted on 15th July, 1989 at 09:30 AM. 5. In this case, altogether 16 witnesses have been examined on behalf of the prosecution. The defence on behalf of Patna High Court CR. APP (SJ) No.3 of 2000 dt.04-07-2012 4 / 7 4 the appellants was that there was a dispute with respect to the lands which were water logged, which caused exchange of hot words leading to a free fight between the parties, for which Quamuddin Ansari (appellant no. 6 of Criminal Appeal No. 56 of 2000) had lodged an First Information Report, which has been marked as Exhibit-A. The injuries received by the appellants have been marked as Exhibit-B series. 6. Amongst the persons injured on the side of the defence were Muslim Ansari (appellant no. 3 of Criminal appeal No. 56 of 2000) who received simple injuries, Haidar Ansari @ Haider Ali Ansari (appellant no. 1 of Criminal appeal No. 56 of 2000) who also received simple injury, Quamuddin Ansari (appellant no. 6 of Criminal Appeal No. 56 of 2000) who received several injuries, one of which was grievous injury, on his head as his skull bone was shown to be fractured and Md. Idris who also received grievous injury as his elbow was fractured, apart from which there were three other simple injuries. 7. From the side of the prosecution, PWs 2, 3, 5, 7 and 8 have received injuries which were simple in nature. All these witnesses have explained the manner in which they were assaulted. They admit that there was a dispute between the parties regarding the land which had been recorded as KABRISTAN in the consolidation proceed

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.