Appellants, Braj Kishore Prasad and Anil Prasad have been found guilty for an offence punishable under Sections 148 IPC as well as 307/149 of the IPC vide judgment of conviction dated 20.04.2015 and sentenced to undergo RI for 10 years vide order of sentence dated 25.04.2015 passed by Additional Sessions Judge-3rd, Aurangabad, in Sessions Trial No. 59/04/85/2014.

2. Prabhat Kumar (PW 6) gave his Fard-e-beyan while he was admitted at Bose Clinic, Dehri in an injured condition on 10.04.2002 at 10.15 PM alleging inter alia that on the same day at about 5:00 PM, his uncle Braj Kishore aged about 62 years with an intention to grab his share was putting grill over verandah of the house whereupon he along with his father, Rajendra Prasad have gone there and inquired as to why he is affixing grill over their share. At that very time, his grand-father, Suryadeo Ram, cousin Gopal Prasad, Anil Prasad, Sudhir Prasad and Shanti Devi armed with Lathi, Rod and Angle came and began to abuse them. His father protested. Then, on an order of his grand-father Surayadeo Ram, Braj Kishore Prasad gave a rod blow over head of his father, as a result of which, he sustained wound, blood oozen out. He fell down on the ground and became unconscious. Even thereafter, Gopal Prasad hurled rod blow over leg, hand of his father. He intervened whereupon Sudhir Prasad gave rod blow over his head causing injury thereupon. Blood oozen out. Seeing them being assaulted, his uncle, Kamla Prasad rushed in rescue who was assaulted by Sudhir, Anil, Gopal with rod over his head as a result of which, he sustained severe injury, fell down and became unconscious. Gopal also gave rod blow over right finger joint as a result of which, it got torn. Shanti Devi pelted brick particles. On account of assault, his father and uncle Kamla Prasad are still unconscious. First of all, villagers lifted them to Aurangabad Hospital but seeing precarious condition of his father and uncle, they were referred to specialized treatment whereupon, they have been taken to Dehri where they are being treated. The motive for occurrence has been shown as they (accused) attempt to illegally encroach upon their share which has been frustrated by them (prosecution party).

3. On the basis of the aforesaid Fard-e-beyan Town (Jamhore) PS Case No. 169/2002 was registered followed with an investigation as well as submission of charge-sheet facilitating the trial which ultimately concluded in a manner, subject matter of instant appeal.

4. Defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial of the occurrence. It has also been pleaded that the prosecution party illegally tried to encroach upon their share by way of cutting grill having affixed since before and during course thereof, they had brutally assaulted them (accused persons) and for that, on the Fard-e-beyan of appellant/accused, Braj Kishore Prasad, Town (Jamhore) PS Case No. 168/2002 has been registered. Furthermore, it has also been pleaded that illegal activity of the members of the prosecution party is itself found finally exposed in a manner that an earlier partition suit which concluded under compromise decree dated 21.03.2011, subsequently been challenged by the prosecution party itself and in the aforesaid background, they indulged in criminal action. In order to substantiate the same, ocular evidence as well as documentary evidence Ext-A, B, C, D have been produced.

5. In order to substantiate its case, prosecution had examined altogether 10 PWs, those are, PW-1, Rajendra Prasad, PW 2, Daya Devi, PW-3, Ranjit Prasad, PW-4, Kamla Prasad, PW-5, Jagarnath Sao, PW-6, Prabhat Kumar, PW-7, Kamra Prasad, PW-8, Santosh Prasad, PW-9, Dr. Raj Kumar Prasad, PW-10, Krit Narayan Sharma, Investigating Officer. Side by side had also exhibited Ext-1, Signature of informant over FIR, Ext-2 series, Ext-3 Series, injury reports of respective injured and Ext-4, Forma