The central legal point established in the judgment is the requirement of proving a fact by a reliable witness, the burden on the prosecution, and the fatal impact of non-examination of the investigating officer and the absence of an injury report and doctor's examination.

1. Appellants Anil Singh and Ram Balak Singh have been found guilty for an offence punishable under Section 324 of the I.P.C. and each one has been sentenced to undergo R.I. for two years vide judgment of conviction and order of sentence dated 12.03.2015 passed by the 1st Additional Sessions Judge, Lakhisarai in Sessions Trial No. 749 of 1986.

2. PW-1 Krishna Nandan Singh while was admitted at a clinic of Dr. Vijay Narayan Singh, situated at Nala Road, Patna gave his fard-bayan before the police official of Kadam Kuan P.S. on 29.03.1986 alleging inter-alia that while he was sleeping at his house in order to keep watch over his she-buffalo, he awaken on account of having been apprehended and then, found Anil Singh, Krishna Singh and Ram Balak Singh, who were armed with axe, farsa and chhura. He tried to get up, but the accused persons began to assault. Even then, he attempted, but was apprehended by Narayan Singh, Ramashrya Singh, Vilayati Singh and then thereafter, he was brutally assaulted by all of them. The motive for the occurrence has been shown as detention of mare belonging to Narayan Singh by him, though released subsequently.

3. After registration of Barahiya P.S. Case No. 42 of 1986, investigation was taken up and after concluding the same, chargesheet was submitted against all the accused persons, out of whom, accused Narayan Singh and Vilayati Singh died and so, proceeding against them was dropped. Proceeding against Krishna Singh and Ramashrya Singh were separated, on account of their nonappearance as a result of which, the trial commenced and continued against the appellants only and concluded in a manner, the subject matter of instant appeal.

4. Defence case, as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial as well as false implication on account of village politics.

5. From the record, it is evident that it happens to be hopelessly conducted trial. Neither I.O. has been examined nor doctor Even injury report has not been exhibited. Not only this, save and except two witnesses that means to say, injured Krishna Nandan Singh and Yugeshwar Singh and none other has been examined even to the extent of one Vijay Singh, who stood as F.I.R. attesting witness.

6. Now, coming to the status of the witnesses, it is evident that PW-2 failed to support case of the prosecution, whereupon was declared hostile. Now, remains the evidence of PW-1, injured himself. Before going to discuss the evidence of PW-1, the initial version suggests that he happens to be an injured. Section 134 of the Evidence Act discloses requirement of proving a fact by a reliable, trustworthy witness, and for that, did not require the same to be proved by number of the witnesses. Even if the evidence of single witness is found trustworthy, then in that circumstance, conviction could be. Keeping the aforesaid requirement of law, the evidence of PW-1 is to be seen. During his examination-in-chief, it is evident that he had alleged against the appellants including others to have inflicted axe, farsa, chhura blow repeatedly as a result of which, he sustained injury. Furthermore, he had also stated that during course of fleeing, he was intercepted by Narayan Singh, Ramashraya Singh and Vilayati Singh and then thereafter, again been assaulted. At Para-2, he had stated that the villagers lifted him to police station and from police station to hospital where he was treated and then, he was referred to Patna. Then had exhibited the fard-bayan. During cross-examination at Para-9, he had stated that blood had fallen 5-6 steps north to his cot, whereupon he was sleeping. He remained lying for 20 minutes and then thereafter, villagers came and lifted him. He remained at police station for half an hour. He was accompanied by Bhola Singh, Bimal Singh, Jugeshwar Singh, Ramavtar Singh and others. Then, he was taken to hospital where Dr. Ramanugrah Babu treated him and then thereaft