AYODHYA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a double murder case. Two brothers Rajendra Mishra and Binay mishra were done to death at about 6.30. p. m. on 16.2.1988. Seven persons were charge-sheeted by the police for the said murders. Out of them, two were reported to be within the age of juvenile and hence the trial court proceeded against the other five accused including the present appellants. Among the five, four were charged with sections 302, 307 read with section 34 of the Indian Penal Code while one (Shakuntala Devi) was charged only with section 307 of the Indian Penal Code. The trial court convicted all the five for the offences charged and sentenced them to imprisonment for life. But on appeal, a division bench of the High Court confirmed the conviction only in regard to two persons who are the appellants before us (A1-Ayodhya Pathak and A4- ram Jee Pathak) , others were acquitted.

(2.) The two appellants before us are brothers. The prosecution case itself is that when the accused persons were trying to install a flag post on the street abutting the house of the deceased, an altercation took place during which the accused attacked the deceased persons with blunt objects and inflicted blows on both of them as a consequence of which the deceased sustained serious injuries to which they succumbed later.

(3.) There are only three eye-witnesses to speak to the occurrence. They are PW-7 ram Sunder Devi (widow of deceased binay Mishra) , PW-8 Shatrughna Mishra and PW-9 Dewanti Devi (the son and daughter respectively of PW 7). The testimony of those three persons was believed by the trial court and the High court in order to establish the identity of the assailants who caused the injuries on the deceased persons.