- (1.) Leave granted. Appellant is before us aggrieved by and dissatisfied with a judgment dated 21st January, 2004 passed by a Division Bench of the Patna High Court in Criminal Appeal No. 341 of 1991 arising out of the judgment of conviction and sentence dated 2nd September, 1991 passed by Additional District and Sessions Judge XIth, Gaya, in Sessions Trial No. 12 of 1991.
(2.) A land dispute arose between the accused and the prosecution witnesses in relation to a piece of land bearing plot No. 1/555 of village Gamahariya. While measurement of the said land was going on, both the parties, viz., Kameshwar Yadav and Chander Dusadh, claimed their right thereupon, on the basis of purchases made by them under their respective registered deeds of sale.
(3.) A quarrel ensued between both the parties. Kameshwar Yadav exhorted others to eliminate Chander Dusadh. It was followed by an assault on Kali Dusadh by a hard and blunt object by him. Jaldhari Yadav assaulted Kali Dusadh on his right arm. Parmeshwar Yadav assaulted him on his back. Appellant herein inflicted a farsa blow on the head of Chander Dusadh, the deceased. Kameshwar Yadav gave another blow on his hand by a hard and blunt object. As alarm was raised by Kali Dusadh, whereupon assailants fled from the field. They allegedly resorted to firing also.;