JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the impugned judgment of a Division Bench of Calcutta High Court dated 22.12.2005 in Criminal Appeal No. 5 of 1988 by which the conviction of the accused, Sukumar Roy under Section 304 Part I read with Section 34 IPC, has been upheld.

3. Heard learned counsel for the parties and perused the record.

4. The crux of the prosecution case is that on 11.8.1984 at about 12 oclock the deceased Prafulla Nayak was collecting seedling from his land at mouza Amtala, the accused Phani Bhusan Roy, his son accused Sukumar Roy, his wife Urmila Roy alias Tobi Roy and Tarani Roy, the wife of his elder brother entered into the land with lathi, bhali etc., in their hands and an altercation ensued between the parties when Phani told the deceased that he purchased the land and as such he would cultivate the land. In course of the altercation the accused Phani struck Prafulla on his head with lathi and the accused Sukumar hit Prafulla with a bhali which pierced the abdomen of Prafulla. The local people on hearing hue and cry rushed to the place of occurrence and in the meantime the accused persons took to their heels. The info