Honble BANERJEE, J.–It is stated that Shankar and Balu, the two brothers were admittedly having some difference disputes over the family property but subsequently the disputes were admittedly resolved and a deed of partition was entered into between the brothers. It is in pursuance of the same however that Shankar was fencing his portion of the land when he was said to have been brutally axed by his brother Balu. Prosecutors version in the appeal presently under consideration against the confirmation of the conviction and sentence by !he,High Court stands out to be the truth is stronger than fiction, more so by reason of involvement of blood relations.

(2). The prosecution case proceeds on the basis that on 8th July 1984, while Shankar was putting the fencing round his plot, he was brutally axed, resulting in his death. It has been the definite case for the prosecution that the axe blow was given by Balu, the younger brother and in support of its case placed on witness-box two material witnesses - one of whom however was declared hostile, since the case in the First Information Report stands completely contradicted. The other witness is said to, be an independent witness though said

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