Judgment

S.B. Sinha, J.—The appellants were charged for commission of an offence under Section 302 of the Indian Penal Code for intentionally causing death of one Moti Suklabaidya. 3.10.1995 was the ‘NAVMI’. The deceased went to join ‘Durga Puja’ festival along with Sushendra Chandra-PW3 and Babul Chanda. They met with one Tapan Chanda near Chandranathpur Railway Station. The latter informed them that Tunu Chanda and Montu Chanda had assaulted him in front of a jewellery shop belonging to Makhan Chanda-PW2. Gauaranga s/o Makhan Chanda-PW2 in the meantime came and informed his father that the said Tunu Chanda and Montu Chanda had quarrelled and broke a glass pane of his showroom. Makhan Lal-PW 2 immediately came to the Bazar. He found his younger brother Sushendra-PW3, Babul Chanda and deceased Moti Suklabaidya in front of his shop. Having asked the reason of quarrel and consequent breaking of the glass of the show room, he was informed that the dispute has been settled by Ambika Sahu-PW6. Thereafter the deceased Moti, Sushendra-PW3, Babul and Makhan Lal-PW2 entered into a tea stall belonging to Siba Prasad Shome-PW7 to have tea. Bhuttu @ Raju Singh, who is admittedly the younger bro