SARVALAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Under the judgment, dated 16.07.1993, passed, in Sessions Trial No. 167 of 1983/26 of 1992, by learned Additional Sessions Judge III, Sitamarhi, the appellant, Sarvalal Rai, stands convicted under Sec. 302 of the Indian Penal Code. Following his conviction, the appellant has been sentenced to suffer imprisonment for life.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:

(3.) At the trial, when a charge, under Sec. 302 of the Indian Penal Code, was framed against accused, Sarvlal Rai and Udai Rai, under Sec. 302 read with Sec. 149 of the Indian Penal Code against accused, Gagan Rai, Bhanna @ Bhagwan Dutt Rai, Rameshwar Rai, Mahendra Rai, Krishnadeo Rai, Bijai Rai, Ram Nagina Rai, Ram Babu Rai, Jang Bahadur Rai, Raj Nandan Rai, Panni Lal Rai, Jugeshwar Rai and Asharfi Rai, under Sec. 148 of the Indian Penal Code against Bhanna Rai @ Bhagwan Dutt Rai, under Sec. 147 of the Indian Penal Code accused Gagan Rai, Bhanna Rai @ Bhagwan Dutt Rai, Rameshwar Rai, Mahendra Rai, Udai Rai, Krishnadeo Rai, Bijai Rai, Ram Nagina Rai, Ram Babu Rai, Raj Nandan Rai, Jang Bahadur Rai, Panni Lal Rai, Jugeshwar Rai and Asharfi Rai and under Sec. 323 of the Indian Penal Code against accused, Mahendra Rai, Ram Nagina Rai, Jang Bahadur Rai and Jugeshwar Rai, to the charges, so framed, all the accused, aforementioned, pleaded not guilty to their respective charges.