DEO NATH RAI Vs. STATE OF BIHAR AND OTHERS ETC.
LAWS(SC)-2017-10-29
SUPREME COURT OF INDIA
Decided on October 13,2017

Deo Nath Rai Appellant
VERSUS
State Of Bihar And Others Etc. Respondents

JUDGEMENT

MOHAN M.SHANTANAGOUDAR,J. - (1.) Leave granted.
(2.) These appeals arise out of the judgment and order dated 17.10.2014 passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No. 59 of 1992, Criminal Appeal (DB) No. 60/1992 and Criminal Appeal (DB) No. 111/1992, whereby a Division Bench of the High Court, while dismissing the appeals preferred by the accused - the private respondents herein, altered the conviction of the accused Wakil Rai, Ramayan Rai, Raj Ballam Rai, Ashok Rai and Sheo Kumar Rai from Section 302/149 IPC to one under Section 304 Part-II IPC and that of accused - Parsuram Rai from Section 302 IPC to Section 304 Part-II IPC. The High Court reduced the sentence of all the convicted accused from life imprisonment to the period already undergone by them, which is approximately two years. However, the High Court did not interfere with the judgment and order of conviction and sentence passed by the trial Court for the offences punishable under sections 342 and 324 of IPC.
(3.) The case of the prosecution is that, all the accused, in a group armed with weapons like Sword, Bhala etc. and committed the murder of deceased - Mohan Rai at about 7.30 a.m. on 29.07.1988. There appeared to be a dispute relating to agricultural land between the accused and the family of the deceased and the dispute arose in the matter of transplanting paddy seedlings on the date of the incident. PW7 (Hira Lal Rai) lodged the first information report.;


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