RAVI V. MALIMATH, J.

1. The case of the prosecution is that on 15.10.2007 at about 10.00 p.m., the younger brother of the complainant by name Bakhash was going in front of the house of accused Nos. 1, 2 and 4 on his-two wheeler. At that time, the accused picked up a quarrel with Bakhash by saying as to why he was showing off in front of their house. On the next day, on 16.10.2007 at about 11.00 a.m., the accused having an ill-will against the said Bakhash with respect to the said incident, when the said Bakhash was playing in front of the house of the complainant-PW-1, accused Nos. 1, 2 and 4 came with an intention to commit the murder of Bakhash. They picked up a quarrel and with a common intention, accused No. 1 stabbed on the right part of the stomach of Bakhash with a knife, accused No. 2 stabbed on the back of Bakhash and accused No. 4 instigated the accused Nos. 1 and 2 to commit the murder of Bakhash. Due to the injuries sustained, he died on the way to the hospital. Based on these averments, a case was registered against five accused persons. Investigation was taken up. A charge-sheet was filed against accused Nos. 1, 2 and 4 under Section 302 read with Section 34