Rajendra Babu, J. - (1.)On the allegation that Satya Prakash, elder brother of the appellant, was murdered by Hari Shankar and Jagdish Narain, prosecution was launched. However, later on Jagdish Narain was discharged while a charge was framed against Hari Shankar. Father of Jagdish Narain did the 'pairvi' in that case. In those circumstances, the appellant before us is stated to have entertained ill-will against Jagdish Narain.
(2.)On 23rd May, 1978, after attending a feast at the house of Lakshmi Narain in Nagala Saledi, when Jagdish Narain, Mukesh and Krishna Murari were returning to their homes, the appellant was standing near the Pakhar tree in front of the Bethak of Raja Beta and he fired at Jagdish Narain as a result of which Jagdish Narain fell down. Mahabir Prasad was sitting at his door and Maya Prakash, Ram Nath and the deceased were also with him. On seeing the assault they rushed towards the appellant and exclaimed "Arvind Prakash what have you done"!, when the appellant ran towards the west into the 'behar' and took to his heels and later on they found Jagdish Narain dead.
(3.)On the aforesaid allegation of murdering Jagdish Narain charge was framed against the appellant under Section 302, I.P.C.