By Court - The present appeal by the three appellants against the judgment dated 31.3.1989 by which the learned Vth Additional Sessions Judge. Saran at Chapra has convicted them under Section 302 of the Indian Penal Code and Section 302 read with Section 34 of the Indian Penal Code respectively in respect of appellant No. 1 and appellant Nos. 2 and 3 and sentenced them, to life imprisonment.

2. We have heard Mr. Rama Kant Sharma, learned senior counsel at length as well as learned A.P. P. in the case.

3. The prosecution case is based upon the fardbeyan of Harendra Singh (PW 6), which was recorded at Chapra Sadar Hospital. PW 6-Harendra Singh happens to be the brother of the deceased Ashok Kumar Singh. The statement was recorded, at about 7 p.m. on 2.2.1987 and was witnessed by Purendra Narayan Singh (PW 1) and Anil Singh (PW 5) It is alleged that when the informant and his brother Ashok Kumar Singh were at their motor-parts shop at Daudpur Bazar at about 5 p.m. on 2.2.1987 the three appellants came to the shop demanding donation of Rs. 21/- for sarswati puja upon which Ashok Kumar Singh refused to pay the amount. It is alleged that appellant Nos. 2 and 3 then caught ho