The prosecution must establish the link between the accused and the offence beyond a reasonable doubt.

(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Criminal Appeal (DB) No. 382 of 2005, filed on behalf of Baleshwar Yadav and Criminal Appeal (DB) No.435 of 2005, filed on behalf of Talkeshwar Yadav have been taken up together because both the appeals have arisen out of judgment and order of sentence dated 20th of May, 2005 passed by the learned Special Judge, S.C.S.T. (P.A.) Act, Gaya in connection with Trial No. 20 of 2003, whereby the appellants have been convicted under Section 302/149 of the Indian Penal Code and for that they have been sentenced to undergo imprisonment for life. For their conviction under Section 27 of the Arms Act, no separate sentence has been passed. Similarly, for conviction under Section 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, no separate sentence was given. The appellants were held not guilty and acquitted for the offence under Section 148/380 of the Indian Penal Code.

2. Dewan Paswan P.W. 7, the informant, gave his fardbeyan (Ext.5) which was recorded by Sub-Inspector of Police Vijay Singh on 02.11.2002, at 01.00 P.M., Village Kulginzoi under Fatehpur Police Station of District Gaya. The informant alleged that in the preceding night at 08.30 p.m., while the informant after having dinner was sitting with his family members then suddenly he heard whispers of Dhanpat Yadav, Kuldeo Yadav, Upendra Yadav, Ravindra Yadav, Shambhu Yadav, Sheonandan Yadav, Talkeshwar Yadav, Tooklal Yadav, Jagdish Yadav, Baleshwar Yadav and 20 unknown persons coming with various weapons. The accused persons abused the informant and challenged him to venture. The informant identified the accused persons in the flash of torch light from his room where he has climbed after arrival of the accused persons. Dhanpat Yadav climbed on the roof of one Kuldip Paswan through a palm tree and subsequently he came to the roof of the informant. The informant jumped down towards the western side of his house and concealed himself in a paddy field. Dhanpat Yadav with the help of stairs came to the Aangan and opened the main door through which other criminals came and started indiscriminately assaulting the informant’s family members. The informant heard sound of firing and crying of his family members. Half an hour, thereafter, the voice silenced and the informant kept concealing himself throughout the night. In the morning, this informant went Kariyadpur village and narrated about the occurrence to the local people. While the informant waiting for Maxi for going to the police station then in the meantime the officer-in-charge came and he told him about the occurrence. The officer-in-charge came to the house of the informant and saw blood inside the Aangan but not found any family members of the informant. The neighbours told that the informant’s mother, father, wife and Bhabhi have been killed by the criminals due to use of firearm and sharp cutting weapons. The corpses were concealed. A contract for construction of a community hall (Samudayik Bhawan) was the bone of contention between the two parties.

3. The fardbeyan was witnessed by P.W.1 Nagina Prasad (Ext.2). Signature of Dewan Paswan on fardbeyan is (Ext.4). Formal FIR (not formally brought on the record) was registered vide Fatehpur P.S. Case No. 116 of 2002, dated 02.11.2002 under Sections 147, 148, 149, 302, 201 and 380 of the Indian Penal Code and Section 27 of the Arms Act and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the ‘S.C./S.T. Act’).

4. In course of investigation, dead bodies of Batasi Devi and Kaushalya Devi were found in a well Lakhan Prasad which was situated in Lachhipur Badhar village on 02.11.2002. On the next date i.e. on 03.11.2002, the dead bodies of Prayag Paswan and Savita Devi were also taken out from the same well. Inquest report of dead body of Batasi Devi (Ext.6), inquest report of Kaushalya Devi (Ext.6/1), inquest report of Pray