DAYA SHANKAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are three appellants in Criminal Appeal No. 227/ 86 while Uma Shankar Dubey is the sole appellant in Cr. Appeal No. 236/86. All the four appellants are own brothers. They are the residents of village Mainpura, P.S. Arwal, District-Gaya.

(2.) All the appellants along with one Arjun Dubey were tried by the 3rd Additional Sessions Judge Gaya, in Sessions Trial Nos. 63 of 1985/ 164 of 1997 on charges of committing an offence under Section 320/149 I.P.C. Accused Tripurari Dubey was further charged under Section 27 of the Arms Act and accused Daya Shankar under Section 326 I.P.C.

(3.) The trial related to an occurrence which happened on 3rd December 1976 at village Mainpura, P.S. Arwal, District Gaya in which Gobardhan Dubey lost his life and Pramdhan Dubey was assaulted by Garasa and Khanti. Accused Arjun Dubey died during the. pendency of the case.