Rampatia Devi-P.W.1, we find that the incident has happened on a trivial issue. An altercation took place when the appellants went to the house of the informant and started a quarrel. According to the informant, Kabalpatia Devi has inflicted one Hoe blow on the head of Gatauri Mahto. There is no other injury found on the body of Gatauri Mahto which would establish that Kabalpatia Devi gave repeated Hoe blow to Gatauri Mahto. There are other injuries which according to the doctor can be caused by hard and blunt substance. These injuries may be attributed to the appellant, namely, Baijnath Mahto. At this juncture, when the appellants started assaulting Gatauri Mahto, we do not gather any evidence produced by the prosecution which would establish that both the appellants shared a common intention to cause death of Gatauri Mahto. All that the prosecution has been able to establish is that the appellants went to the house of the informant with an intention to start a quarrel. In the heat of the moment, suddenly Kabalpatia Devi gave one Hoe blow on the head of Gatauri Mahto which incidentally has proved fatal. But then, the doctor has not rendered a conclusive opinion that the injury no.(ii) was sufficient to cause death in ordinary course. According to the doctor, death of Gatauri Mahto has been caused due to shock and haemorrhage resulting from the injuries inflicted to him. And, the Hoe ( Kudal) is not a weapon rather it is commonly found in every house in the villages.
