Prakash Chandra Jaiswal, J.

Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction dated 12.12.2012 and order of sentence dated 14.12.2012 passed by 1st Additional Sessions Judge, Darbhanga in Sessions Trial No. 224 of 2010 arising out of Kamtaul P.S. Case No. 128 of 2009, whereby the learned trial court convicted the accused, namely, Sukhal Rai, Shyam Choupal, Rohit Choupal and Sobhit Choupal for the offence punishable under Section 304(II)/34 of the Indian Penal Code and sentenced them to undergo R.I. for five years and also slapped them with the fine of Rs. 2000/- each and in default of payment of fine to further undergo S.I. for six months under the aforesaid section.

3. Factual matrix of the case is that Kamtaul P.S. Case No.128 of 2009 was initially instituted under Sections 323, 337 and 307/34 of the Indian Penal Code and subsequently added with Section 302 of the Indian Penal Code against the accused persons, namely, Sukhal Rai and Shobhit Choupal on the basis of the fardbeyan of Jitu Choupal, S/o Late Jadu Choupal recorded by S.I. S