ADITYA KUMAR TRIVEDI, J.:–Appellants, Ashok Kumar and Shekhar Prasad @ Chandra Shekhar Prasad have been found guilty for an offence punishable under Section 148, 324, 307 IPC and each of them has been directed to undergo R.I. for one year, R.I. for one and half year, R.I. for five years respectively, while appellants Sheonath Nonia, Nandu Prasad, Chokat Prasad, Lachhuman Prasad, Ram Nath Singh, Pramod Prasad, Keshav Prasad @ Keso Chandra Prasad have been found guilty for an offence punishable under Sections 147, 323, 307/149 of the IPC and each of them has been directed to undergo R.I. for six month, R.I. for six month, R.I. for five years respectively with a further direction to run the sentences concurrently vide judgment of conviction dated 30.11.1994, sentence dated 01.12.1994 passed by Second Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No.321 of 1988, the subject matter of instant appeal.

2. PW-10, Vijay Kumar one of the injured gave his fardbeyan on 31.10.1988 at MJK Hospital, Bettiah where he was admitted in injured condition alleging inter alia that on 30.05.1988 at about 09:00 A.M. he had come to Bettiah. During course of returning he gone to Paknaha at about 06:00 P.M. to get daughter of Harendra Prasad treated by a doctor. At that very moment, he came to know that his wife Dharamsheela Devi and his son Shashi Bhushan were assaulted by his brothers, Ashok Prasad, Shekhar Prasad, Pramod Prasad and Keso Chandra with iron rod as well as Farsa and on account thereof, they became injured. On getting this information, he rushed towards his house. When he came at his Darwaja along with daughter of Harendra Prasad, Ashok Prasad, Shekhar Prasad, Pramod Prasad, Keshav Prasad, Ramchandra Nonia, Sheonath Nonia, Nandu Prasad, Chokat Prasad, Lachhuman Prasad, Ram Nath Singh surrounded him and began to inflict iron rod blow as well as Farsa blow and at that very moment they have also said that he should be murdered. He became unconscious and fell down on the ground. So many persons of the locality including his family members have seen the occurrence.

3. It has further been disclosed that he happens to be Section Officer at Bokaro Steel Plant and used to reside along with his family members at Bokaro. Occasionally he visits his parental house and on account thereof, his brothers are adamant to digest his share. In the aforesaid background they have caused murderous assault over him as well as his wife, son whereupon they have been admitted at MJK Hospital, Bettiah. As he was unconscious so he was unable to give his fardbeyan on earlier. He had also mentioned, Ram Lakhan Mahto, Harendra Prasad, his daughter Vidyashree Kumari, Subhash Kumar, Bimal Prasad, Kumar Ravi Bhushan to be an eyewitness to occurrence. Harendra Prasad, Subhash Kumar and Ram Lakhan Mahto stood as FIR attesting witness.

4. On the basis of the aforesaid fardbeyan, Bairia P.S. Case No.36/1988 was registered followed with investigation and after completing the same charge sheet was submitted whereupon the trial commenced and concluded in a manner as referred above which has been challenged on behalf of appellant / convict under present appeal.

5. The defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence. It has also been submitted that prosecution party might have sustained injury in some different manner at some different place but in the background of prevailing animosity they have been falsely roped in. Moreover, DW-1, Binod Prasad, full brother of both the parties has been examined as having no exhibit.

6. In order to substantiate its case the prosecution had examined altogether twelve PWs out of whom PW-1 is Subash Kumar, PW-2 is Dr. Sunil Kumar, PW-3 is Ram Lakhan Mahto, PW-4 is Md. Noor Ali, PW-5 is Harendra Prasad, PW-6 is Kumar Shashi Bhushan, PW-7 is Ravi Bhushan Prasad, PW-8 is Ranju Kumari, PW-9 is Dharamsheela Devi, PW-1