Mahendra Chaudhary (informant) recorded by Sub-Inspector of Pupri police station on 19.04.2002 at about 12.30 PM in Primary Health Centre, Pupri stating therein that at 10.00 AM she buffalo of Arvind Chaudhary was grazing in his field and his son Anil Chaudhary drove away she buffalo from his field and meanwhile Arvind Chaudhary and Amit Chaudahry came with lathi, danda and started assaulting and when he came running both the persons fled away. Thereafter they returned to their home. After sometime both accused came alongwith accused Ramanek Chaudhary and thereafter started abusing and assaulting his son Anil Chaudhary indiscriminately by lathi and thereafter to informant. His son died on the spot and he was seriously injured. The reason for said incident is that the she buffalo was driven out from the field. The dead body of his son is lying in the village. On the basis of said fardbeyan Pupri P.S. Case No. 57/2002 under Section 302, 307, 34 of IPC was registered against three accused and after investigation charge sheet was submitted against two accused namely, Arvind Chaudhary and Amit Chaudhary showing accused Ramanek Chaudhary not sent up but the learned court on the basis of materials available on record took cognizance of the offence under Section 302, 307, 34 of IPC against all the three