PRAKASH CHANDRA JAISWAL, J.:–Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction dated 16.03.2002 and order of sentence dated 18.03.2002 passed by Presiding Officer, Additional Court (Fast Track), Munger in Sessions Trial No. 256 of 1997 arising out of Sangrampur P.S. Case No. 56 of 1995, whereby the learned trial court convicted the accused persons namely, Radhey Yadav and Sitabi Yadav for the offence punishable under Section 325 of the Indian Penal Code and sentenced them to undergo R.I. for seven years and slapped them with fine of Rs. 2000/- each and in default of payment of fine, to further undergo S.I. for six months.

3. Factual matrix of the case is that Sangrampur P.S. Case No. 56 of 1995 was initially instituted under Sections 307 and 323 of the Indian Penal Code and subsequently added with Section 302 of the Indian Penal Code against the accused, namely, Radhey Yadav and Sitabi Yadav on the basis of the fardbeyan of Laxman Yadav, Son of Genhari Yadav, Resident of Village- Bumber, P.S.-Sangrampur, District- Munger recorded by S.I. N. B. Singh of O.P.Tetiya Bumber, District Munger on 20.06.1995 at 07 PM in the house of Dr. Arun Kumar Singh with the allegation in succinct that on 20.06.1995 at around 4 PM, Radhey Yadav was laying tile roof on his house by entering into his courtyard. On forbading him from entering into his courtyard, they entered into altercation. Thereafter, Radhey Yadav and Sitabi Yadav assaulted him by means of lathi inflicting injury on his head, shoulder and left eyebrow. Sustaining injury, he fell down on the ground and was rushed to the doctor by the villagers. His mother Shanti Devi, Ram Dular Yadav and Bhasho Yadav witnessed and intervened the occurrence.

4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted chargesheet against the aforesaid accused persons under Section 302/34 of the Indian Penal Code.

5. On receiving the chargesheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence against the accused persons and committed the case to the court of sessions and on transfer finally the case came in the seisin of Presiding Officer, Additional Court (Fast Track), Munger for trial.

6. Charge against the accused persons was framed under Section 302 of the Indian Penal Code. Charge was read over and explained to them to which they pleaded not guilty and claimed to be tried.

7. To substantiate its case, in ocular evidence, the prosecution has examined altogether seven prosecution witnesses namely, Rajesh Yadav as PW-1, Sangeeta Devi as PW-2, Shanti Devi (Kanti Devi) as PW-3, Prabhash Yadav as PW-4, Dr. Arun Kumar Singh as PW-5, Ram Dular Yadav as PW-6 and I.O. Nand Bihari Singh as PW-7. Out of the aforesaid witnesses, PW-6 turned hostile. The prosecution has also filed and proved several documents by way of documentary evidence.

8. Statement of the accused persons was recorded under Section 313 of the Code of Criminal procedure. The case of the defence is complete denial of the occurrence claiming themselves to be innocent. In buttress of their case, in ocular evidence, the accused persons have examined one witness, namely, Nitya Nand Mishra as DW-1 and they have not adduced any documentary evidence.

9. After hearing the parties and perusing the record, the learned trial court passed the aforesaid Judgment and Order of conviction and sentence as detailed in the earlier paragraph.

10. Being aggrieved and dissatisfied with the aforesaid Judgment and Order of conviction and sentence, the convicts have preferred this Criminal Appeal.

11. The point for consideration in this case is, as to whether the prosecution has been able to bring home the charge levelled against the appellants beyond all reasonable doubts or not.

12. It is submitted by learned counsel for the appellants that four

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