The appellants-Wakil Rai, Ramayan Rai and Parsuram Rai are own brothers. The appellant-Ashok Rai, Sheo Kumar Rai and Raj Ballam Rai are close agnates. The prosecution case is based upon the fardbeyan of informant, Hira Lal Rai (P.W.7), as recorded at his house, inter alia, alleging that his daughter being ill his elder brother Mohan Rai, the deceased, who lives separately in the village, had come to see her. When Mohan Rai was returning by the path adjacent to the house of the appellant-Wakil Rai, Wakil Rai and others, who were busy in transplanting paddy seedlings, came and a quarrel started with regard to traversing Wakil Rai’s land. As the quarrel escalated, other appellants came from their houses variously armed and circled Mohan Rai (deceased) who tried to escape, Wakil Rai held him from his back and Parsuram Rai gave a sword blow on the front right hand side of Mohan Rai because of which Mohan Rai fell down. He was then carried by the prosecution party, who had also arrived there, but he died. In the fardbeyan itself it is stated that the path to the house of Hira Lal Rai (informant) passes through the front of the house of appellant-Wakil Rai and on his land. This path is for which Wakil Rai had been in past also telling people not to use which led to a Panchayati as well and it is because of this dispute that Mohan Rai was killed.
