The central legal point established in the judgment is the requirement to prove charges beyond reasonable doubt in criminal cases, emphasizing the importance of reliable evidence and independent witnesses.

>Gopal Prasad, J.

1. Heard learned counsel for the appellants and learned counsel for the State.

2. The appellants have been convicted under Section 307/34 of the Indian Penal Code. Appellant No. 1, Ram Lal Singh has been sentenced to undergo rigorous imprisonment for five years and Appellant No. 2 Pramod Singh alias Chutus singh has been sentenced to undergo rigorous imprisonment for seven years.

3. The prosecution case as alleged by the informant Bhudeo Prasad Yadav that he heard the sound of cry and then family members ran there and saw his nephew Sunil Yadav fallen injured state. He disclosed that Ram Lal Singh and Pramod Singh have assaulted by Hasua and Pathria. Thereafter, he got unconscious till today of Fardbeyan. There is injury on his ear, nose, mouth and neck. On the basis of Fardbeyan, F.I.R. was lodged. After investigation, charge sheet submitted. On submission of the charge sheet, cognizance taken and the case was committed to the Court of Sessions where the charge was framed under Section 307/34 of I.P.C.

4. During trial ten witnesses were examined, who are P.W.1, Bisundeo Yadav, P.W. 2, Govind Mandal, P.W. 3, Rajendra Yadav, P.W.4, manoj Yadav, P.W.5, Radha Devi, P.W.6, Sunil Kumar Yadav, P.W. 7, Bhudeo Yadav, P.W. 8, Dr. N. K. Choudhary, P.W.9, Deep Narain Singh and P.W. 10, Ram Narain Singh. On considering both oral and documentary evidence, the order of conviction was recorded.

5. Learned counsel for the appellants however, contends that in the prosecution case, there is contradiction in weapon used and in the Fardbeyan there is mentioned that weapon is Hasua and Pathria, bur during the trial it has developed Pasiyani Hasua and the injury report is copied and hence copy of injury report has not been proved and the evidence of the Doctor on the basis of copy alleged to be original is not sustainable and in the secondary evidence it has not been established and no step has been taken for bringing the original and original injury report has not been brought to prove the injury and the I.O. has also not been examined and there is contradiction in the evidence of the evidence of the witnesses who are interested and inimical and hence, there could not be brought to be reliable. Hence, prosecution has not been able to prove the charges.

6. However, the prosecution in the Fardbeyan of the informant, Bhudeo Yadav, P.W. 7 stated that on cry of Sunil Yadav, he along with other family members ran and found his nephew Sunil Yadav is injured state fallen there who disclosed on inquiry that Ram Lal Singh and Pramod Singh have assaulted by Hasua and Pathria, but he could not speak out why he was assaulted and got unconscious and is still unconscious so Fardbeyan of Bhudeo Yadav was recorded by A.S.I. on 27. 03. 1986 at about 11 hours, though, occurrence alleged to quarters to 12 mid night in the preceding night.

7. However, P.W. 7, the informant has supported the prosecution case in the Fardbeyan, but that one difference is there that he has stated on enquiry Sunil Yadav disclosed that Ram Lal Singh and Pramod Singh assaulted by Pasiyani Hasua and he was taken to Medical College Hospital, Bhagalpur where Daroga recorded in his statement since the victim was still unconscious.

8. However, P.W. 1 has also supported the prosecution case and has stated that on hulla he along with three persons P.W. 1, 7 and 4 ran to the place where Sunil was lying injured and disclosed about assault by Pramod Singh and Ram Lal Singh by Pasiyani Hasua. P.W. 4 has also supported. However, has developed that he identified two persons fleeing away were Ram Lal Singh and Pramod Singh. However, P.W. 1 has stated that he along with P.W. 5 and 4 went to the place of occurrence, P.W.1 and 7 have not stated about fleeing away of two persons.

9. P.W. 6 is the victim. However, he has stated in his evidence that he was singing holy song at the darwaja of Mukhiyaji. Pramod also singing holy son and Pramod asked to follow him to his dinner. Then he