The central legal point established in the judgment is the requirement for reliable and credible evidence to establish guilt beyond a reasonable doubt. The judgment emphasizes the importance of witness credibility and the standard of proof in criminal cases.

Dharnidhar Jha and Dinesh Kumar Singh JJ.

1. Eighteen accused persons were initially put on trial by framing charges under Sections 302/149 of the Penal Code by the learned Sessions Judge, Siwan in Sessions Trial No. 83 of 1984. Some of the 18 accused persons had also distinctly been charged for committing offences under Sections 147, 323,147 and 302 of the IPC. Accused Rajman Choudhary alias Raj Choudhary had distinctly been charged for offences under Sections 148 and 302 of the Penal Code. Likewise, appellant Bhag- wati Choudhary had been charged distinctly for committing offence under Sections 148 and 302 of the Penal Code. While delivering the judgment on conclusion of the trial on 8.4.1988, the learned trial Judge acquitted 12 of the accused persons whereas conviction was recorded against the five appellants of Cr. Appeal No. 194 of 1988 as also the solitary appellant Rajman Choudhary alias Raj Choudhary of Cr. Appeal No. 195 of 1988. As regards appellant Rajman Choudhary alias Raj Choudhary, he was reported dead and as such, his appeal (Cr. Appeal No. 195 of 1988} stood abated. We have considered the remaining appeal on behalf of the five appellants.

2. The above noted five appellants were found guilty under Sections 302/149 of the Penal Code and each of them was directed to suffer rigorous imprisonment for life. Appellant, Bhagwati Choudhary was distinctly convicted under Section 307 of the Penal Code and was directed to suffer rigorous imprisonment for life in addition to the conviction and sentence passed against him for committing the offence under Sections 302/149 of the Penal Code.

3. The facts of the case may be narrated in short. The informant, Chandeshwar chaudhary who could not be examined on account of dying during the pendency of the trial, alleged in his fardbeyan Ext-2 that after having attended the call of nature at 6.30 a.m., he was washing his hand on the tube-well of one Navrang Chaudhary. He saw that accused Mundrika Chaudhary was grazing his sugarcane plants in the field situated South of his house. The father of the informant, namely, Ram Subhag Singh went to drive away the buffalo from the field and he was chased by accused Mundrika Choudhary. Ram Subhag Singh fled away from there raising an alarm of bachao bachao and reached his wheat khalihan. In the meantime, 18 accused persons named in the FIR, emerged from a maize field. They were having different weapons in their hands, like, bhala, lathi, farsa, etc. The informant also reached his khalihan. It is alleged that acquitted accused Rambabu Choudhary ordered the deceased appellant Rajman Choudhary alias Raj Choudhary to kill Ram Subhag Singh on which he dealt a bhala blow on his throat on its front. Ram Subhag Singh fell down on the ground and was wreathing. In the meantime, other accused including appellants Heera Lal Choudhary, Basisht Choudhary and Shankar Choudhary started giving lathi blows to the deceased. The informant stated that he attempted to save his father but appellant Bhagwati Choudhary gave a bhala blow in his chest and the informant also fell down on the ground and started raising a cry of bachao bachao when he was given lathi blows by acquitted accused Mahesh Choudhary, Bhoj Choudhary and Dhanesh Choudhary. His full brother Nagina Choudhary (PW-5), his cousin Ram Bachan Choudhary (PW-6) and Ram Naresh Choudhary (PW-4) came there. The three were also assaulted by acquitted accused Mundrika Choudnary, Satya Narayan Choudhary, Sri Ram Chaudhary, Ganesh Chaudhary, Ramakant Choudhary, Sri Kant Chaudhary, Harinder Choudhary and Harihar Choudhary with lathi, farsa and bhala as a result of which PWs 4, 5 and 6 were also injured. After having assaulted the informant; his father and brothers, the accused persons ran away towards their house situated in West. It was stated that the occurrence had been witnessed by Narbadeshwar Mishra (PW-3), Satyanarayan Choudhary (not examined) Chhakauri Choudhary (PW-2), and Navrang Choudhary (not