JUDGMENT:

D.K. JAIN, J.:

Leave granted.

2. The three appellants in this appeal, namely, Ashok Kumar Chaudhary, Kailash Chaudhary and Baiju Chaudhary (hereinafter referred to as appellants A-1 to A-3 respectively) arrayed as accused Nos.1, 3 and 2 respectively in the charge-sheet, faced trial in Sessions Trial Case No. 187 of 1989, for having committed offences punishable under Sections 324 and 307 read with Section 34 of the Indian Penal Code, 1860 (for short the I.P.C.). The trial court found appellants A-1 and A-3 guilty of offence under Section 324 I.P.C. and sentenced them to undergo rigorous imprisonment for two months each. However, appellant, A-2 was found guilty of offence under Section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for three years. All the three convicts preferred common appeal to the High Court of Judicature at Patna. The High Court upheld the decision of the trial court, which has resulted in the present appeal.

3. The case of the prosecution in brief was that on 17th July, 1988 at about 6 p.m. the informant (PW-5) along with Bijoy Kumar Sanyal, Hardeo Chaudhary and Kishan Singh had gone to Dharampur Haat (Market) to make some purchases. They