MANOJ PRASAD & ANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 25.07.2008 passed by the High Court of Judicature at Patna upholding the sentence imposed by the learned Sessions Judge upon the appellants and the co-accused Binod Prasad, for the offences punishable under Sec. 302 read with Sec. 34, IPC.

(2.) The Special Leave Petition, qua Binod Prasad was dismissed on 08.05.2009. Thus, the present appeal is on behalf of two other convicts.

(3.) Fir Exh. P-4 was lodged on the basis of statement of PW7- Govind Kumar, son of the deceased. He stated that his father Dwarika Prasad has altercation with Manoj Prasad on 26.12.1985 at about 6 AM. His father asked Manoj Prasad not to take water through his fields. This infuriated Manoj Prasad. He left his adjoining fields and came back along with two of his brothers at 8.30 AM. His brother Binod Prasad was armed with a country-made pistol whereas Manoj Prasad and his other brother Chandrashekhar Kumar were armed with lathies.