Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been filed against the judgment and order passed by the High Court of Patna in Criminal Appeal No.328 of 2003 affirming the judgment and order of the trial court dated 30th May, 2003 and order of sentence dated 2nd June, 2003 passed in Sessions Trial No.122 of 2002.

2. The facts and circumstances giving rise to this appeal are that a First Information Report was lodged on 12.10.2001 against Munilal Sahni, Biswanath Sahni, brother and father of the appellant respectively. Golu Paswan and Kishore Thakur under Sections 394/302/34 of the Indian Penal Code, 1860 (in short "IPC") and Section 27 of the Arms Act for the murder of deceased Bhola Chaudhary. During the course of investigation, it came to light that the appellant had conspired with his father and brother to finish Bhola Chaudhary. Charge sheet was filed against Munilal Sahni, Biswanath Sahni and the appellant. At the time of framing of the charge on 21.11.2002, the appellant was charged only under Section 120-B IPC alone and the co-accused Munilal Sahni was charged under Sections 302/34, 394 and 412 of the IPC and Section 27 of the IPC. Accused Bishwanath Sahni was charged unde