The police, after investigation, submitted chargesheet against them under the same heading.
On hulla of Dhaneshwar Mishra, Devendra Singh PW6 , Kishore Jha PW2 , Baleshwar Mishra PW3 , Paras Nath Mishra PW7 and a number of other persons came there and they saw the dead body of the deceased.
On the night between 26.8.1998 and 27.8.1998 about 1.30 hours, Fard e bayan of the first informant was recorded at the place of the occurrence and a case under Section 302/34 of Indian Penal Code was registered against all the three appellants.
About motive of the occurrence, the case of the prosecution is that twelve days before the occurrence, some altercation had taken place with appellant Sunil Kumar.
Cognizance of the case was taken and the case was companymitted to the Court of Session where after trial, appellants were held guilty and were companyvicted and sentenced, as stated above.
By that judgment the companyviction of the appellants by the trial companyrt under Section 302/34 IPC was upheld.
Against the judgment of the Trial Court, the appellant filed an appeal in the High Court, which was dismissed and hence this appeal.
Heard learned companynsel for the parties and perused the record.
On the date of the occurrence at about 8 p.m. when the informant Bhuneshwar Mishra PW8 , father of the deceased came to his house from Sitamarhi, he came to know that his son had been killed and Dhaneshwar Mishra told him about the entire incident.
