UDAYA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a case of family -fued, in which one life has been lost. Three accused persons of Criminal Appeal No. 390/83 and the members of the prosecution party are agnates. Their common ancestor, Baijnath Pd. had five sons from his first wife and two sons from his second wife, accused namely, Rameshawar Pd. He too was charge -sheeted but he died before the trial could begin. He belongs to a different family. The geneological table given below shows the relationship between the parties, Baijnath Prasad | Two Wives | | | 1st Wife 2nd Wife | | Gaiadhar Permeshawar Rameshawar Beni Badri (P.W 4) (accused) (accused Nandji Lal Babo now dead) P. W. 1 (Killed | (informant) in the | occurrence) | | | Daughter | Kukumbala | (P. W. 3) | | Udai Behari (accused) (accused)

(2.) Thus, we find that accused Permeshawar is the brother of Late accused Rameshwar both sons of Late Baijnath Pd. Accused Udai and Behari are sons of Late Rameshawar.

(3.) Badri was another son of Baijnath Prasad. Lal Babu killed in the present occurrence was son of Badri. The informant (P. W. 1) Mandji is the son of Beni, another son of Baijnath Prasad. The prosecution witness P. W. 4 Gajadhar Pd. is also the son of Baijnath Pd. Both the parties are closely related to each other except accused appellant Sbibji Pd. of Criminal Appeal 382/83. He was inducted in the house of deceased Lal Babu as a tenant The house is located in Mohalla -Shishmahal Chowk in in the town of Arrah.