N. K. SINHA, J.

1. Till that black morning of 26th September, 1985 Sudama Pradhan was a happy man. He was the head of a joint family consisting of himself and his three sons. They were living together in a double storeyed joint family house in village Parasaganda, police station Sikraul in the district of Bhojpur. On that fateful morning at about 8 O clock his eldest son Narmdeshwar Pradhan (appellant) shot dead his youngest brother Suresh Pradhan on the first floor of the house. The appellant was put on trial on a charge u/S. 302 of the Indian Penal Code. He was found guilty and convicted and sentenced to undergo imprisonment for life by the learned Addl. Sessions Judge by his judgment and order dated 31st March 1992. Hence the appeal to set aside the conviction and sentence.

2. The morning tragedy struck his family. The informant Sudama Pradhan (P.W.1) was sitting in the house of his Gotia Nand Kumar Pradhan (P.W.3) situated only at a short distance from his house. It was about 7.30 -- 8 a.m. His grandsonRam Darash Pradhan (P.W.5) along with his younger sister Sunita came there and informed him that there was an altercation taking place over sharing of sugar in between Ba