The main legal point established in the judgment is the importance of evidence supporting the specific elements of each offense, and the influence of such evidence on the court's decision.

None appeared on behalf of the Appellants.

Sri Ram Swaroop Prasad, Advocate, is appointed as Amicus Curiae to assist the Court on behalf of the Appellants.

1. Heard learned Amicus Curiae for the Appellants and learned APP for the State.

2. By judgment of conviction and order of sentence dated 19.12.2008 passed by the Additional Sessions Judge, FTC V, Khagaria, in Sessions Case No.60 of 2006 arising out of Gogri P.S. Case No.133 of 2002, all the three appellants have been convicted for the offence under Section(s) 323/149, 148, 341 Indian Penal Code as well as Section 27 of the Arms Act and sentenced to undergo simple imprisonment for six months under Sections 323/149, six months simple imprisonment for the offence under Section 148 Indian Penal Code, one month simple imprisonment Under Section 341 Indian Penal Code, and three years simple imprisonment for the offence under Section 27 of the Arms Act. Further, Appellant, Kailash Yadav, has been convicted for the offence under Section(s) 379 Indian Penal Code in place of Section 386 Indian Penal Code and sentenced to undergo simple imprisonment for two years. All the sentences were ordered to run concurrently.

3. On the basis of the written report filed by the Informant, Rajiv Kumar Yadav, PW 5, on 11.07.2002, all the four accused persons as named in the written report along with 4-5 unknown persons arrived with tractor to cultivate the land of the Informant, which he has purchased through sale deed. Accused, Kailash Yadav, raised protest on cultivating the land. All the accused started forcibly cultivating the land. The informant proceeded on motorcycle to his house to give information then at 12.30 Noon, one person, who was getting the land cultivated, came in front of the Informant. Thereafter, all these Appellants and other accused persons, as named in the written report, arrived armed with rifle, .303. It is alleged that Appellant No.1 made one firing and other accused persons forcibly got the Informant down from the motorcycle. It is alleged that Kailash Yadav snatched gold chain, gold ring, accused, Phulo Yadav, snatched watch from the possession of the Informant. It is further alleged that all the accused persons assaulted the informant with butt of the rifle and .303 causing injury in his hand, left shoulder and other parts of the body as mentioned in the written report.

4. The police registered case under Section 307 IPC and other allied sections of Indian Penal Code as mentioned in the impugned judgment. Charge-sheet was submitted and thereafter trial of the case proceeded.

5. During trial, total six witnesses were examined by the prosecution. No defence witness was produced. The Investigating Officer did not appear in the Court below to give evidence.

6. Naresh Yadav, PW 1, has stated that on the date of occurrence at about 12 Noon he was cutting grass. Informant was going on the motorcycle. He was surrounded by accused Kailash Yadav, Deva Yadav, Rabin Yadav and Phulo Yadav. He was assaulted by lathi and .303. Accused also snatched his gold chain, watch. He has also stated that father of the Informant has purchased the land. Accused persons were forcibly cultivating the aforesaid land.

7. Shambhu Yadav, PW 2, has supported the occurrence. He has stated that on the date of occurrence accused persons were forcibly cultivating the land of the Informant. When the informant was going to Police Station, they assaulted the informant. He became unconscious. He was taken to Hospital. Accused also snatched chain and watch from the Informant.

8. Similarly, Anil Yadav, PW 3, has also supported the case that while the Informant was going, all the accused persons assaulted him. He has also stated that Kailash Yadav fired from pistol and also assaulted with butt of the rifle and snatched gold chain and ring. It is alleged that Phulo Yadav snatched watch. Injured was taken to hospital for treatment. Ram Bahadur Yadav, PW 4, has stated that he saw the informant being taken to hospit