The prosecution must prove its case beyond reasonable doubt, including establishing the place of occurrence and manner of assault, ensuring consistency in witness testimonies, and authenticity of documents.

Indu Prabha Singh, J.

1. All the three applicants have been convicted under sec. 304, Part II read with Sec.34 cf the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each.

2. Prosecution case, in short, is that sairun Nisha, informant of the case lodged fardbeyan on 21.01.1986 at 6 p. m. in the sadar Hospital, Purnea that ten days ago her husband came back from Dagurua Hat after purchasing rice and pulse after Sun set. She was sitting at her darwaza. The husband of the informant went inside the angan. Behind him accused Nazam. Sayyad, mahmood and Rakib came over there armed with lathi and bhala. They began to assault riyazuddin as a result of which he fell down and raised alarm. The informant rushed over there and laid herself upon the body of her husband with a view to save him whereupon accused Sayyad assaulted her by means of lathi. Witnesses of the village assembled over there and the accused persons took to their heels. The informant took her husband before the sarpanch of Bardaha gram Panchayat where the case was lodged. The sarpanch forwarded the injured to mahamadia Ichalo Govt. Hospital for treatment. The husband of the informant was treated over there but subsequently he was forwarded to Purnea Sadar Hospital for better treatment. The motive for the alleged occurrence is said to be the land dispute. The husband of the informant was unconscious in the Purnea Sadar Hospital and as such she lodged her fardbeyan. On the basis of the fardbeyan FIR was instituted and the police took up investigation and submitted charge-sheet against the appellants. On the basis of the charge-sheet cognizance was taken and the case was committed to the court of Session. The appellants pleaded not guilty.

3. Prosecution in support of its case examined altogether 13 witnesses, PW1 is Md. Mobin, PW2 is Abdul Sattar, PW3 is Ganga prasad Chouhan, PW4 is Mohiuddin, PW5 is Md. Safique, PW6 is Sairun Nisha, informant, PW7 is Dr. Parmanand Keshri, who had examined the injured Riazuddin on 12.01.1986 at the State Dispensary Ichalo, pw8 is Md. Yasin Ansari who had proved the bed head ticket of Riyazuddin, Ext.4, pw9 is Dr. K. K. Das who had conducted post-mortem on the dead body of Sk. Riazuddin on 22.01.1986 at Purnea Sadar hospital, PW10 is Md. Samiruddin, sarpanch of Basdaha Gram Panchayat, pw11 is Md. Gayasuddin, brother of riazuddin. PW12 is Sri Bir Bahadur Limba, a formal witness who had proved the FIR. Ext.10 and PW13 is Sri Balmiki Prasad singh, a formal witness who had proved the case diary Ext.11. PW6, Sirun Nissa (Informant) who is wife of the deceased riazuddin has fully supported the prosecution case and the version of her fardbeyan. On the date of occurrence at about 6.30 p. m. she was in her house and her husband came from and entered in the courtyard. The accused persons namely Mahmood, Sayeed, raquib and Nizam came behind him. They all started assaulting her husband. Her husband ran away. Thereafter they followed him. He went near the road and they started assaulting her husband by lathi and bhala. According to her, accused Mahmood assaulted him with lathi. She has stated that when she went to save her husband she was also assaulted by accused Sayeed by lathi and fists and slaps. They also dashed her to the ground. On hulla the villagers, mohiuddin, Sattar and Mobin came there and saw the occurrence. Having seen them the accused persons fled away. Next day she went along with her husband and brother-in-law to the panchayat office where statement of her husband was recorded. From there her husband was brought to Ichalo hospital where he was treated and referred to Purnea Sadar Hospital. When he was brought to Purnea Hospital he was unconscious. In the hospital she gave her statement to the Sub-Inspector and put her thumb impression over it. She has also stated that investigation was not done properly by the investigating agency. Thereafter she filed a protest petition in Purnea Court. In cross-