- (1.)There were eight accused. They were Bashisht Rai-A1, Jai Prakash Rai-A2, Ashok Rai-A3, Awadh Narain Rai-A4, Hirdaya Narain-A5, Umesh Chandra Rai-A6, Loknath-A7 and Ramnath Rai-A8. All of them were tried in Sessions Trial No. 215 of 1979. Bashisht Rai A1 was tried for the offences under Sections 148, 302 and 449 of the IPC. Ashok Rai-A3 and Umesh Chandra Rai-A6 were charged under Sections 148, 449 and 302 read with Sections 34 & 149 of the IPC. They were alternatively charged under Section 302 read with Section 34 of the IPC. Rest of the accused were charged under Sections 147 and 302 read with Section 149 of the IPC.
(2.)According to the prosecution deceased Kailash Rai, the material witnesses and the appellant belong to one family being descendants of a common ancestor. They lived in a joint family. Umesh Chandra Rai-A6 was the son of Babu Lal brother of Ram Dutt (father of deceased Kailash Rai & PW1- Kamla Rai, the informant). Deceased Kailash Rai and other members of his family lived jointly with Babu Lal. Umesh Chandra Rai-A6 separated from the joint family 7 to 8 months before the occurrence because of oral partition. He wanted his share from the land in Tandwa village. His father Babu Lal was not agreeable to this. There was altercation between deceased Kailash Rai and Umesh Chandra Rai-A6 on this issue. Umesh Chandra Rai-A6 developed friendship with Loknath-A7 who had a personal enmity with PW1- Kamla Rai. There were civil litigations pending between Loknath A7 and PW1- Kamla Rai.
(3.)The incident in question took place in the night intervening 26th & 27th of June, 1979 between 1.00 a.m and 2.00 a.m. PW1-Kamla Rai, Shriram Rai, Gorakh Rai, Munna Lal and children were sleeping in the Sehan in the north of the Baithaka. The ladies were sleeping inside the Zanana house. Deceased Kailash Rai and his wife PW4-Bijula Devi were sleeping on a cot inside the Ahata. Between 1.00 a.m. and 2.00 a.m. Ashok Rai-A3, Umesh Chandra Rai A6 and Bashisht Rai-A1 came in the Ahata by climbing over the roof through the window. They came inside. Bashisht Rai-A1 was armed with a dao. Umesh Chandra Rai-A6 had a gandasa. Ashok Rai-A3 was armed with a sword. Ashok Rai-A3 closed the mouth of PW4-Bijula Devi. She woke-up. She saw Umesh Chandra Rai-A6 pressing the head of her husband and Bashisht Rai- A1 cutting his throat. Deceased Kailash Rai started moving his body restlessly. He received two injuries on his chest. Thereafter, all the three accused started running away. PW4-Bijula Devi raised cries and flashed the torch. The accused reached the gate and looked at her. She continued to cry. The accused went out through the door which opened towards the verandah of the Baithaka. PW1- Kamla Rai, Shriram Rai and others who were sleeping outside in the Sehan woke-up due to the cries of PW4-Bijula Devi. PW1-Kamla Rai and Shriram had torches with them. They flashed the torches towards the door through which Umesh Chandra Rai-A6, Bashisht Rai-A1 and Ashok Rai-A3 were coming out. They saw Bashisht Rai-A1 with a dao, Ashok Rai-A3 with a sword and Umesh Chandra Rai-A6 with a gandasa. They were challenged by PW1-Kamla Rai and others, but they continued running towards the South. PW1-Kamla Rai came in the Ahata and found Kailash Rai lying dead near his cot with a throat injury. PW4-Bijula Devi was crying. Her clothes were blood stained. She narrated the incident to him. He dictated his report to Ram Babu. He took it to P.S. Mohamadabad. It was lodged at 2.45 a.m. Entry was made in General Diary. Investigation was started. The accused were arrested. Post-mortem of deceased Kailash Rai revealed following external injuries.
"1. One incised wound on right side of neck in the middle measuring 15 cm x 4 cm, horizontally placed extending from anterior aspect of neck up to posterior aspect of right side with retracted skiing in the middle, clear cut margins, inverted all major vessels and muscles, trachea, ocsephegens cut upto bone, sprouting of blood present.

2. One incised wound on left side of chest horizontally placed measuring 7cm x 2 cm spindle shaped, 9 cm above the left nipple, clean cut margins muscle deep.

3. Incised wound measuring 2 cm x 5 cm on left chest wall horizontally placed 2 cm medial to injury no. 2, clean cut margins muscle deep."

On internal examination, inter alia, larynx and trachea were found cut. The doctor opined that ante-mortem injuries caused by sharp weapons produced haemorrhage and shock resulting in death.