JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. There were eight accused. 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. All of them were tried in Sessions Trial No. 215 of 1979. Bashisht Rai–A1 was tried for the offences under Sections 148, 302 and 449 of the IPC. Ashok Rai-A3 and Umesh Chandra Rai-A6 were charged under Sections 148, 449 and 302 read with Sections 34 & 149 of the IPC. They were alternatively charged under Section 302 read with Section 34 of the IPC. Rest of the accused were charged under Sections 147 and 302 read with Section 149 of the IPC.

2. According to the prosecution deceased Kailash Rai, the material witnesses and the appellant belong to one family being descendants of a common ancestor. They lived in a joint family. Umesh Chandra Rai-A6 was the son of Babu Lal brother of Ram Dutt (father of deceased Kailash Rai & PW1- Kamla Rai, the informant). Deceased Kailash Rai and other members of his family lived jointly with Babu Lal. Umesh Chandra Rai-A6 separated from the joint family 7 to 8 months before the occurrence because of oral partition. He wanted his shar