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 accused No. 1-Shakti Prasad Rai (since deceased). The genesis of the quarrel was on account of information given by the wife of the informant naming the daughter of Shakti Prasad as the culprit. There was quarrel between the ladies for a shortwhile. It is the case of the prosecution that the wife of the informant was abused by the wives of Shakti Prasad Rai and Bhangi Prasad Rai. The informant is alleged to have intervened and protested. Minutes later, the accused persons who are inter-related entered the house of Kartik Rai with lathis and an iron rod of a window. Amongst the accused, Bhangi Prasad Rai was having the iron rod. The accused then surrounded the informant and his father.

According to the prosecution, the appellant Nos. 1 and 2 and the other accused Shakti Prasad Rai (since deceased) exhorted the remaining accused to kill them. Bhangi Prasad Rai inflicted injury with iron rod, on the head of Kartik Rai who was aged 70 years or so. Appellant Nos. 3 and 4 thereafter assaulted him with lathi. An Injury of 1¼ " x ½ " bone deep on left partial region of skull, which was caused by Bhangi Prasad Rai with iron rod resulted in depressed fracture of the left perital bone. As per the medical evidence of PW-5 the other two injuries found on the body of the deceased were - two abrasions on the left hand and the third injury is a defused swelling of 2" x 1" on the right forearm. On dissection there was a fracture on right radius and ulna.

4. It is also the case of the prosecution that the informant -Sikandar Prasad Rai was attacked by Bhangi Prasad Rai with the iron rod which caused a bruise on forehead, measuring 2" x 1/2" leading to semi conscious state. As deposed by PW-8 Dr. Rajendra Prasad Singh there were also two other injuries on PW-6 i.e. one bruise on left eye-brow measuring 1" x 1/2" and one lacerated wound on the left shoulder joint measuring 1" x 3/4". These two injuries are stated to have been caused by appellants Nos. 3 and 4 wielding the lathis.

5. To continue the narrative, by the time the deceased was taken to the hospital at Deoghar he was pronounced dead. PW-6 was given first-aid for injuries at the Primary Health Centre, Sarath, which is closer to the village. He was examined by PW-8-Medical Officer on the next day. PW-6 lodged the information to the Police Station at Sarath at about 8 p.m. Investigation, inquest and post-mortem followed and the charge-sheet was filed against the accused by PW-7, S.I. of Police Station, Sarath.

6. The first and foremost question which arises for consideration is whether the appellants had the common intention to cause the death of Kartik Rai or whether any one of them had the intention to kill P.W. 6- the informant. We find it difficult to discern the element of common intention amongst the appellan