JUDGMENT

R.M. Lodha, J.—

We are confronted, in this appeal by special leave, with a question: whether, on the facts of the case, the offence is “murder” or “culpable homicide not amounting to murder”.

2. Facts are these, briefly put: Jorehira-Namopara is a small village in the district of Bankura (W.B.) having about 40/50 houses. On June 21, 1986, there was a quarrel between Suchand (appellant) and Sanatan (PW-11) in respect of boundary of land. Suchand blamed that Sarbeswar (deceased) being a village Chowkidar was instigating Sanatan against him. Suchand threatened Sarbeswar that he would behead him and his son. The following day, on June 22, 1986 in the afternoon, three brothers, viz., Bisweswar, Sarbeswar and Rishi(PW-1) alongwith their family members were chit-chatting on the pathway near their house. Suchand, Fulchand, Nepal and 14 other persons armed with deadly weapons like lathi, tangi, katari, ballam, kural, etc. came there. Fulchand and Nepal started assaulting Bisweswar with lathi, tangi, etc.. As a result of which Bisweswar fell down. Sarbeswar intervened to rescue Bisweswar and at that time Suchand gave a knife blow on the chest of Sarbeswar. Few other members of the