JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court directing acquittal of the respondent No.1 (hereinafter referred to as the ‘accused’). Appellant was the informant in the case. Six accused persons faced trial and learned Sessions Judge, Nalanda, directed acquittal of five of the accused persons, while holding the respondent No.1 guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). He was sentenced to imprisonment for life. In appeal, High Court set aside the conviction.

2. Prosecution case in a nutshell is as follows :

In the evening of 25.3.1978 at about 6 P.M. the informant Kapildeo Singh (PW 6) alongwith his uncle Sukhu Mahton (hereinafter referred to as the ‘deceased’), Somar Mahton (PW 5) and father Ramji Prasad (PW 7) were sitting in the Dalan and were talking about the rent matter. In the mean time the respondent no.1 Kirandeo Prasad with gun, the accused Akhilesh Prasad with Saif and rest four accused persons namely, Nandu Prasad, Mathura Prasad, Bhagwat Prasad and Umesh Prasad with lathi came there and started exchanging hot words with Sukhu Mahton. On