BIHARI RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) BY Court. The appellants, Bihari Rai, Tulsi Rai and Ghutru Rai, were arrayed as A 1, A3 and A2 respectively in Sessions Case No. 156 of 1980/21 of 1985. In this judgment the appellants will be referred as A 1 to A3 in the same order as they were arrayed before the Sessions Judge. They were charged for an offence under section 302 read with Section 34 I.P.C. on the allegation that at about 9.00 a.m. on 28.6.1978, they, in furtherance of common intention of one another, caused the death of Badri Rai by the first accused appellant inflicting injuries with an axe and that the other two accused beat him with lathis leading to his death. The Trial Judge, accepting the prosecution version brought out through oral and documentary evidence, convicted the accused appellants and sentenced each one of them to imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) P . W. 1, Ramfali Rai, is the son of the deceased, Badri Rai. There was a long standing dispute pending between the appellants' family and the deceased's family. Proceedings were initiated under section 145 Cr.PC. and several suits were also filed. The disputes between the two families were pending from the year 1952 and according to the prosecution, it is said to be the motive for the unfortunate occurrence.

(3.) AFTER completion of the investigation, the final report was filed against the accused appellants.