KRISHNA BALLABH SINHA, PHANI BHUSHAN PRASAD
Shiva Balak Rai – Appellant
Versus
State Of Bihar – Respondent
KRISHNA BALLABH SINHA, J.
1. All the four appellants have been convicted under S. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have also been convicted under S. 147 of the Indian Penal Code, for which sentence of one years rigorous imprisonment has been awarded to them. The sentences have been ordered to run concurrently.
2. Briefly stated the case of the prosecution is that the marriage ceremony of the son of Adalat Rai, the informant, was performed about a fortnight prior to the day of the occurrence, in which he had arranged a feast, which was attended by a large number of persons. However, some persons could not attend the feast on that occasion. So on 18-5-1977, he invited Aziz Mian (P. W. 2) and Sanaullah Mian, since the deceased, at his residence in village Charagaha Dhobia Tola, lying within Turkaulia Police Station in the district of East Champaran. Besides them, Ganesh Rai (P. W. 4) of village Jagiraho, was also invited to attend the feast. The invitees came at his house at about 9 p.m. Sanaullah Mian finished his meal and left the place while the other invitees were still taking their food. Only some time after his departure,
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