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S.SAGHIR AHMAD, A.P.MISRA, Y.P.SABHARWAL
Suresh Raj – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

S. Saghir Ahmad, J.—Enmity, undoubtedly, is a double-edged weapon; it may be a motive for commission of crime; it may also be a motive for false implication. If, as in the instant case, one edge of the weapon of enmity is blunt, it cannot be sharpened by the judicial process. The weapon of enmity in the instant case, as well shall presently see, does not cut any ground for the commission of crime.

2. The appellants were charged and tried for offences under Section 302/34 IPC for having committed the murder of Shambhu Rai on June 2, 1984 at Dhamaun Chour, Village Garh Chak Seema, P.S. Patory, Distt. Samastipur. One of the appellants, Pradeep Rai was further charged under Section 109/302 IPC for having abetted the offence by giving directions to his co-appellants, Suresh Rai and Jitendra Prasad Rai to commit the murder of Shambhu Rai. The appellant Suresh Rai was further charged under Section 27 of the Arms Act for being in possession of a country-made pistol which he had fired twice at Shambhu Rai. The appellants were convicted for the aforesaid offences by judgment and order dated 15.4.1988, passed by the 2nd Addl. Sessions Judge, Samastipur, and were sentenced to life imp

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