HARJIT SINGH BEDI, J.

( 1 ) FOUR persons - Gopal Sah, Dasrath Sah, Bhushan Sah and Raghunath Sah were tried by the Additional sessions Judge, Saharsa for offences punishable under sections 302/34, 304/34,201/34 and 120b of the indian Penal Code. The trial court in its judgment dated 14th September 1985 held the first three accused guilty of the offence under Section 302/34 of the IPC and sentenced them to undergo imprisonment for life whereas Raghunath Sah was acquitted. Two appeals were thereafter filed by the convicted accused before the patna High Court whereas the complainant also filed a revision against the acquittal of Raghunath Sah. During the pendency of the appeal in the High Court, Dasrath sah died. The High Court, however, upheld the trial court judgment with respect to the three accused. Gopal sah accused then filed the present criminal appeal challenging his conviction and the matter has been put up for final hearing before us. Bhushan Sah subsequently filed a special leave petition in this Court as well, but it is the admitted position that this matter has been dismissed by this Court on the ground of limitation as well as having no merit.

( 2 ) THE prosecution story