M.P.Varma, J.

1. This is a case of family-fued, in which one life has been lost. Three accused persons of Criminal Appeal No. 390/83 and the members of the prosecution party are agnates. Their common ancestor, Baijnath Pd. had five sons from his first wife and two sons from his second wife, accused namely, Rameshawar Pd. He too was charge-sheeted but he died before the trial could begin. He belongs to a different family. The geneological table given below shows the relationship between the parties,

Baijnath Prasad

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Two Wives

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1st Wife 2nd Wife

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Gaiadhar Permeshawar Rameshawar Beni Badri

(P.W 4) (accused) (accused Nandji Lal Babo

now dea