(1.) Kartik Pandey, Shakti Pandey and Jaideo Pandey, brothers inter se, their uncle Mathura Pandey and near Gotia Sahdeo Pandey, the appellants, stand convicted under Section 302 read with Section 34 of the Indian Penal Code and each of them sentenced to undergo imprisonment for life. Feeling aggrieved, they have preferred this appeal.
(2.) Gita Devi PW is the wife of Vijoy Kumar Pandey the deceased, and latter's brothers are Narain Pandey and Chotu Pandey PWs Their eldest cousin is Bhagirath Pandey, PW and Devnandan Pandey, PW is the son of Bhagirath Pandey. Murlidhar Pandey PW is a grand nephew of the deceased. They, as also the appellants, are residents of Village Khijar Sota, Tola Rupnadih, district Giridih. In fact, the parties are Gotias of each other, and their houses are close by. At a distance of 50 to 60 yards of those houses there is a small pond on the outskirts of the village Abadi.
(3.) Although the parties are closely related, but their relations had lost cordiality quite some time earlier to the occurrence because of land disputes.