Judgment

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the Judgment of a Division Bench of the Jharkhand High Court partially allowing the appeal of the appellant, while directing acquittal of co-accused persons. The appellant was convicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short ‘IPC’) by learned Vth Additional Sessions Judge, Dumka, in Sessions Case No.156 of 1980/21 of 1985. The High Court altered it to Section 304 Part I IPC, and sentence of seven years was imposed.

3. The prosecution version in a nutshell is as follows :

Ramfali Rai (PW.1) is the son of Badri Rai (hereinafter referred to as the ‘deceased’). There was a long standing dispute pending between the appellant’s and the deceased’s family. Proceedings were initiated under Section 145 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) and several suits were also filed. The dispute between the two families was pending from the year 1952 and according to the prosecution, it is said to be the motive for the unfortunate occurrence. On 28.6.1978, the deceased left for his field accompanied by his servant Mantu Rai. Ramfali