JUDGMENT

M. Ahmadi, J. - This appeal by special leave is directed against the order of acquittal passed by the High Court of Paum reversing the conviction recorded by the Sessions Court, Katihar. This is a case of patricide. Kritya Nand Roy, the father of the respondent No. 1 was killed on 3rd May, 1981 at Village Rajwara Police Station Korha, District Katihar, at about 11.00 a.m. The deceased had two sons, the respondent Suresh Kumar Roy (hereinafter called the accused") and P.W. 11 Ashok Kumar Roy. The accused was born to the first wife of the deceased whereas P.W 11 Ashok Kumar Roy was born to his second wife P.W. 2 Kanti Kumari Roy, the appellant herein. The brief facts giving rise to this appeal are as under.

2. On the date of the incident at about. 9.00 a.m. the deceased had called the Panchayati of his near relatives P.W. 1 Basudeo Roy, P.W. 3 Ramanand Roy. P.W. 5, Laxmi Narayan Roy, P.W. 6 Nityanand Roy, P.W. 8 Parmanand Roy, P.W. 9 Sukhdeo Roy and P.W. 12 Satyanand Roy and others including the accused and P.W. 11, Ashok Kumar Roy for effecting partition of his Rajwara and Katihar houses and certain lands belonging to him between his two sons. This Panchayati was called in th