Judgment

SARKARIA, J.:- This appeal is directed against a judgment, dated August 8, 1974, of the High Court of Patna. The material facts are as follows:

2. Saraswati, one of the daughters of Jagarnath (P. W. 4) is married to Debnandan of village Bahera, Police Station Milao, District Patna. Ganga Prasad, who was accused 1 in the trial court, is the elder brother of Debnandan, and Kameshwar accused 2 is his nephew. Bhatani Devi, who was accused 4 in the trial court, is the sister of Debnandan and Ganga Prasad. Bishnudayal, who was accused 3 and is now the appellant before us, is the husband of Bhatani Devi, Bishnudayal is a resident of village Lawapur, Police Station Mahnar, District Muzaffarpur. Bishnudayal and Bhatani Devi have no issue. Jagarnaths younger daughter, Sumitra (P. W. 9) is unmarried.

3. On May 19, 1967, there was a puja in the house of Jagarnath (P. W. 4). He had invited a good many persons including the accused, Ganga Prasad and Kameshwar Prasad. Bishnudayal and his wife, Bhatani Devi, were also invitees at the puja. Saraswati Devi, the elder daughter of Jagarnath could not go and be present there on account of her illness. on May 20, 1967, after the puja when the gues