The main legal point established in the judgment is the reliance on witness testimonies, medical reports, and established legal principles related to the non-examination of key witnesses in reaching the decision to uphold the conviction and sentence of the appellants.

Aditya Kumar Trivedi, J.

Appellants, Dinesh Yadav, Ishwar Yadav along with Jayanti Devi (Not appellant) have been found guilty for an offence punishable under Section 323 IPC and for that, Jayanti Devi was let off in accordance with Section 4 of the Probation of Offenders Act while no separate sentence has been prescribed against appellants, Dinesh Yadav and Ishwar Yadav. Appellants, Dinesh Yadav and Ishwar Yadav have been found guilty for an offence punishable under Section 304 Part-II of the IPC and each one has been sentenced to undergo RI for 7 years vide judgment of conviction and order of sentence dated 29.05.2015 passed by Additional Sessions Judge-1st, Gaya in Sessions Trial No. 284/95/44/98.

2. Ram Bilas Yadav (PW 6) gave his Fard-e-beyan on 03.09.1993 at about 11.30 AM while he was admitted at Government Hospital, Paraiya alleging inter alia that while he was uprooting paddy seedlings, he heard uproar coming towards his house and at the same moment, his daughter, Barti Devi came and disclosed with regard to the occurrence whereupon he rushed to his house where he found his brother Ramjee Yadav (since deceased) lying near drain (Naali) in an injured condition having injuries over his chest, thigh and head. During midst thereof, accused, Ishwar and Dinesh came having spear in their hands and further gave blows causing injury over his leg, shoulder, head, fingers of right hand. His younger brother, Ram Binay came in rescue, was assaulted by Bodhan Yadav with lathi as a result of which, he fell down as, he was suffering from fever since before. His father Kuer Yadav came in rescue who was assaulted by accused persons by lathi and spear. His wife and wife of his brother also came in rescue, were also assaulted and during course thereof, the daughter of Bodhan Yadav, namely, Jayanti Devi and wife of Bodhan, namely, Bodhi Devi also associated themselves.

3. It has further been disclosed that aforesaid occurrence has been committed by the accused persons in the background of flowing of drain as well as forcibly occupying the land belonging to them (prosecution party) which was being resisted at their end. He had shown one Rajeshwar Yadav to be the eyewitness of the occurrence.

4. It is further evident that after registration of Paraiya PS Case No. 60/1993, the investigation commenced, on the other hand, perceiving the condition of Ramjee Yadav to be critical was shifted to Medical College, Gaya where during course of treatment, he died after eight days of the alleged occurrence. Furthermore, other injured got themselves treated at PHC, Paraiya itself and the injury report, postmortem report were procured during course of investigation as well as statement of witnesses including the injured were recorded, place of occurrence was visited and then, after concluding investigation, charge-sheet was submitted whereupon, trial commenced and concluded in a manner, subject matter of instant appeal.

5. 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. It has also been pleaded that no such type of occurrence as alleged by the prosecution had taken place rather prosecution party brutally assaulted Bodhan, his wife and daughter whereupon, counter case has been instituted. To save their skin, the prosecution party got this case filed. However, nothing has been adduced on behalf of defence.

6. In order to substantiate its case, prosecution had examined altogether 8 PWs who are PW-1. Gopal Yadav, PW-2. Ram Vinay Yadav, PW-3. Kuer Yadav, PW-4. Uma Devi, PW-5, Deopati Devi, PW-6. Rambilash Yadav, PW-7. Dr. Arvind Kumar, PW-8, Mr. Muslim as well as had also exhibited Formal FIR as Ext-1, Fard-ebeyan, Ext-2, endorsement over Fard-e-beyan, Ext-3, postmortem report, Ext-4, injury report relating to injured Ram Bilash, Ram Vinay, Ramjee, Kuer Yadav, Deopati Devi under Ext-5 series, supplementary injury report relating thereto, Ext-6 series, X-ray repor