JUDGEMENT :

Shree Chandrashekhar. J.

Harla P.S Case No. 136 of 2007 was lodged on 30.08.2007 under sections 323, 324, 307 and 302 read with section 34 of the Indian Penal Code (in short, IPC). In his fardbeyan which was recorded at 23:15 hrs. on 29.08.2007 at Ward No. II/A, Bokaro General Hospital, Surendra Pratap Choudhary @ Nakku Choudhary has stated that in the afternoon at about 01:00 PM he got an information at Patel Chowk that Ashok Kumar Ram @ Ashok Ram, Vijay Kumar Ram and Ram Chandra Ram were assaulting his brother, namely, Raghvendra Pratap Choudhary @ Buda and Manish Kumar Singh near Qr. No. 1199, Street-16, Sector IX-B. He had gone running there and tried to save his brother and in the process received sword injury in his finger. He, however, escaped when Ashok Kumar Ram threatened to assault him with sword. After the accused persons left the place he has gone there and found injuries on right hand and head of his brother - he has seen head injury on Manish Kumar Singh also. Thereafter he ran to his house to inform his father and brought his brother on motorcycle to Bokaro General Hospital, however, in Course of the treatment his brother died. Manish Kumar Singh who was a