B.N.P.Singh, J.

1. To appreciate contentions raised, factual matrix, which are not in much details, can be noticed with brevity. As rain water had accumulated in courtyard of Kamleshwari Yadav, Vivekanand Yadav, deceased, was digging channel for outlet of the accumulated water. Allegedly, appellants along with Bimla Devi, resisted Vivekanand Yadav, pursuant to which a wordy duel ensued between them. Bimla Devi, it was alleged, brought a pistol from her house and supplied the same to Chandradip Yadav, pursuant to which on exhortation made by both Bimla Devi and Santlal Yadav, Chandradip Yadav, fired shots on Vivekanand Yadav and in his bid to escape, he suffered another shot in his abdomen when Chandradip Yadav fired shots. Injured Vivekanand Yadav dropped injured near the shop of Mahendra Sao. As he was critical, he was carried to Primary Health Centre, Dharhara, from where he was referred to Munger hospital. It was alleged that while Vivekanand Yadav was being carried to Munger hospital, he succumbed to injuries in the midway. However, he was taken to Munger hospital, where he was declared dead by the doctor.

2. Though prosecution was launched against three persons includi