The matter was taken in appeal by Monir Alam to the High Court.
The parties were, however, separated by the intervention of the Amir and other Officials and also the Police Havildar who too was present to oversee the demarcation.
Imteyaz fell down to the ground whereafter Manjoor and Monir Alam again assaulted him and when Md.Tufel, Fatma Khatoon and Ajmeri Nisa came to intervene in favour of Imteyaz, they too were assaulted.
and injuries were caused to them by Imteyaz, Sahnawaj and others with lathis.
The trial companyrt, however, in the present matter, acquitted all the accused on the charge of murder but companyvicted them under Section 304 II and 323 of the IPC and sentenced them to various terms of imprisonment with the appellant Monir Alam being awarded a sentence of three years on the premise that the incident was in fact a free fight between the two parties.
Imteyaz Ali, however, intervened and requested his relatives to allow the Revenue Officials to fix the pillars.
This led to an quarrel between the parties during which Manjoor Ali, Kammurddin, Monir Alam and several others caught hold of Imteyaz and on Kammurddins exhortation assaulted with a lathi.
As the Amin proceeded to fix the pillars demarcating the land, a protest was raised by Manjoor, and he attempted to interfere in the proceedings.
Imteyaz and the other injured persons were carried to Barauli Hospital from where Imteyaz was referred to Gopalganj and yet further to Patna where he succumbed to his injuries.
The defence of the accused was that during the companyrse of the demarcation in which the police Havildar was also present, it was the companyplainant party who had attacked them with lathi etc.
A cross case was accordingly registered against the other set of accused as well.
This appeal by way of special leave arises out of the following facts At about 3 P.M. on 26th of February 1992, a demarcation of the land between the deceased Imteyaj Ali and Manjoor Alam, the uncle of the appellant was being companyducted by the Revenue Amin.
During the companyrse of the demarcation, it transpired that the house belonging to Manjoor Alam had fallen in the portion falling to the deceased, Imteyaz Ali.
