One incised wound on left side of chest horizontally placed measuring 7cm x 2 cm spindle shaped, 9 cm above the left nipple, clean cut margins muscle deep.
The doctor opined that ante mortem injuries caused by sharp weapons produced haemorrhage and shock resulting in death.
Incised wound measuring 2 cm x 5 cm on left chest wall horizontally placed 2 cm medial to injury number 2, clean cut margins muscle deep.
On internal examination, inter alia, larynx and trachea were found cut.
PW4 Bijula Devi was crying.
After companypletion of the investigation the accused came to be charged as aforesaid.
Ashok Rai A3 stated that at the time of occurrence he was at Allahabad preparing his thesis for M.Sc.
PW1 Kamla Rai came in the Ahata and found Kailash Rai lying dead near his company with a throat injury.
One incised wound on right side of neck in the middle measuring 15 cm x 4 cm, horizontally placed extending from anterior aspect of neck up to posterior aspect of right side with retracted skiing in the middle, clear cut margins, inverted all major vessels and muscles, trachea, ocsephegens cut upto bone, sprouting of blood present.
Umesh Chandra Rai A6 developed friendship with Loknath A7 who had a personal enmity with PW1 Kamla Rai.
Deceased Kailash Rai and other members of his family lived jointly with Babu Lal.
The accused denied the charge and companytended that they were falsely implicated.
All of them were tried in Sessions Trial No.
The instant appeal is preferred by Ashok Rai A3 hereinafter referred to as the appellant .
Each of them was sentenced to life imprisonment for each of the offences.
During the pendency of the appeal he died and therefore his appeal abated.
There was altercation between deceased Kailash Rai and Umesh Chandra Rai A6 on this issue.
The remaining seven accused were acquitted.
He claimed that he was working as Assistant Soil Conservative Inspector.
The important witnesses examined by the prosecution are PW1 Kamla Rai, PW2 Kedar Rai and PW4 Bijula Devi the wife of the deceased.
She narrated the incident to him.
Umesh Chandra Rai A6 carried an appeal against his companyviction to the High Court.
The State carried an appeal against the acquittal of the other accused to the High Court.
Post mortem of deceased Kailash Rai revealed following external injuries.
Umesh Chandra Rai A6 was the son of Babu Lal brother of Ram Dutt father of deceased Kailash Rai PW1 Kamla Rai, the informant .
Her clothes were blood stained.
They lived in a joint family.
They were Bashisht Rai A1, Jai Prakash Rai A2, Ashok Rai A3, Awadh Narain Rai A4, Hirdaya Narain A5, Umesh Chandra Rai A6, Loknath A7 and Ramnath Rai A8.
The accused were arrested.
RANJANA PRAKASH DESAI, J. There were eight accused.
