JUDGMENT

Six persons were charged and convicted by the First Additional Sessions Judge, Deoghar for offences under Sections 302/34, 307 and 302/114 IPC for causing the death of one Kartik Prasad Rai and for attempting to murder his son on 13.11.1989 at about 4 p.m. in the village of More-Katta, Deoghar District.

2. There are four appellants. Appellant Nos. 1 and 2, namely, Mukati Prasad Rai @ Mukti Rai and Parmeshwar Prasad Rai @ Parmeshwar Rai were convicted under Section 302/114 IPC and appellant Nos. 3 and 4, namely, Manohar Prasad Rai and Bharat Prasad Rai were convicted under Section 302/34 and 307 IPC for causing the death of Kartik Rai and attempting to cause the death of his son who is the informant and PW-6 in the case. All the accused were sentenced to life imprisonment. The first accused namely Shakti Prasad Rai died during the pendency of the appeal before the High Court. Another convicted accused namely Bhangi Prasad Rai who is the person who inflicted the fatal injury on the head of the deceased has not preferred any appeal.

3. It all started from the plucking of a pumpkin (kaddu) from the house of one Ram Prasad Rai- the brother of the informant by the daughter of accus