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.
After companypletion of the investigation the accused came to be charged as aforesaid.
On internal examination, inter alia, larynx and trachea were found cut.
The doctor opined that ante mortem injuries caused by sharp weapons produced haemorrhage and shock resulting in death.
Umesh Chandra Rai A6 carried an appeal against his companyviction to the High Court.
Her clothes were blood stained.
The important witnesses examined by the prosecution are PW1 Kamla Rai, PW2 Kedar Rai and PW4 Bijula Devi the wife of the deceased.
There was altercation between deceased Kailash Rai and Umesh Chandra Rai A6 on this issue.
PW1 Kamla Rai came in the Ahata and found Kailash Rai lying dead near his company with a throat injury.
He claimed that he was working as Assistant Soil Conservative Inspector.
There were civil litigations pending between Loknath A7 and PW1 Kamla Rai.
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.
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.
Ashok Rai A3 stated that at the time of occurrence he was at Allahabad preparing his thesis for M.Sc.
All of them were tried in Sessions Trial No.
The instant appeal is preferred by Ashok Rai A3 hereinafter referred to as the appellant .
The State carried an appeal against the acquittal of the other accused to the High Court.
Umesh Chandra Rai A6 separated from the joint family 7 to 8 months before the occurrence because of oral partition.
The incident in question took place in the night intervening 26th 27th of June, 1979 between 1.00 a.m and 2.00 a.m. PW1 Kamla Rai, Shriram Rai, Gorakh Rai, Munna Lal and children were sleeping in the Sehan in the numberth of the Baithaka.
The remaining seven accused were acquitted.
The trial companyrt companyvicted Umesh Chandra Rai A6 under Section 302 read with Sections 34 and 449 of the IPC and sentenced him to undergo imprisonment for life on both the companynts.
The accused denied the charge and companytended that they were falsely implicated.
The accused were arrested.
During the pendency of the appeal he died and therefore his appeal abated.
Each of them was sentenced to life imprisonment for each of the offences.
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 was the son of Babu Lal brother of Ram Dutt father of deceased Kailash Rai PW1 Kamla Rai, the informant .
She narrated the incident to him.
PW4 Bijula Devi was crying.
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.
Post mortem of deceased Kailash Rai revealed following external injuries.
RANJANA PRAKASH DESAI, J. There were eight accused.
