Prior History : From the High Court Of Judicature at Patna in CRLA 410 of 1990 dated 16-07-2013 [2013 0 Supreme(Pat) 748]

JUDGMENT

Ashok Bhushan, J.

This appeal has been filed by the three appellants challenging the judgment of High Court of Patna dated 16.07.2013, by which Criminal Appeal (DB) No. 410 of 1990 filed by them questioning their conviction and sentence under Section 302 and some other sections of I.P.C. has been dismissed.

2. The prosecution case is that on 16.05.1980, one Raj Ballam Rai, informant alongwith his brother Raj Keshwar Singh came to Sasaram Court. After finishing his work in court informant proceeded with his brother to his residence near Dharamshala. Raj Keshwar Singh was on rickshaw and the informant was on the bicycle. Raj Keshwar Singh was armed with a double barell gun. The further case is that at about 9:00 am when they reached 50 to 60 yards east of Kargahar More, the informant saw that Doodnath Dusadh, Jamadar Dusadh and Ram Nandan Dusadh stopped the rickshaw. They were armed with Lohbanda. Shio Shankar Dubey was armed with Rifle and his brother Ram Pravesh Dubey was armed with lathi and they were also alongwith them. They pulled down Raj Keshwar Singh