The main legal point established in the judgment is the precedence of ocular evidence over medical evidence in criminal cases, the importance of consistent and credible eyewitness testimony, and the need for specific disclosure of the weapon used in the assault.

Cr. Appeal (S.J.) No. 506 of 2015 wherein Akalu Rai @ Aklu Rai is the appellant and Cr. Appeal (S.J) No. 518 of 2015 wherein Moti Lal Rai and Prem Nath Rai are the appellants originate from the common judgment of conviction dated 05.08.2015 and order of sentence dated 06.08.2015 passed by the Additional Sessions Judge-3rd, Gopalganj in Sessions Trial No. 93 of 2007/195 of 2014, convicting all the appellants for an offence punishable under Section 326 of the I.P.C. and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.3,000/- and in default thereof, to undergo R.I. for one month, additionally under Section 504 of the I.P.C. and sentenced to undergo R.I. for six months with a further direction to run the sentences concurrently on account thereof, have been heard analogously and are being disposed of by a common judgment.

2. On call, learned counsel representing the appellant Aklu Rai @ Akalu Rai has turned up and argued the appeal while no one appears on behalf of appellant of Cr. Appeal (S.J.) No. 518 of 2015, on account thereof, Sri Navin Kumar, learned Advocate has been requested to assist the court as an Amicus Curiae.

3. PW-1 while being admitted at Sadar hospital, Gopalganj had recorded his Fard-beyan on 29.04.2006 (overwriting) at 6.30 A.M (overwriting), with cutting the date Friday as Saturday (after cutting inserted) disclosing therein that on the preceding day (overwriting) at 3:00 P.M Akalu Rai, Prem Nath Rai and Deep Narayan Rai dismantled his drain through which sewage of his house was flowing. At that very moment, his father had not spoken a word. He was not present on the aforesaid date as had gone to Gorakhpur. On 28.04.2006 at about 5:30 when he returned from Gorakhpur, he had seen the drain broken, whereupon he inquired from Akalu Rai why he had broken the same over which, Prem Nath Rai, Deep Narayan Rai, Motilal Rai came and said that bring farsa and he should be cut, whereupon Deep Narayan Rai came with farsa and gave a blow over his head causing injury thereupon. Second blow was given by Prem Nath Rai over his head causing injury. He became unconscious seeing the blood and fell down. Then thereafter, Akalu Rai gave iron rod blow. On hue and cry, the local inhabitants rushed seeing whom, accused persons fled away. It has further been disclosed that they are on land dispute. He had further stated that Brij Mohan Pandey, Ram Prasad Rai, Ram Kishore Rai and others lifted him to hospital where his treatment was being done.

4. On the basis of the aforesaid written report, registered Barauli (Sidhwalia) P.S. Case No. 58 of 2006 was registered followed with an investigation as well as submission of charge-sheet after concluding the same against all of them. However, trial of Deep Narain was separated and sent to J. J. Board vide order dated 07.07.2007, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.

5. Defence case, as is evident from mode of crossexamination as well as statement recorded under Section 313 of Cr.P.C is that of complete denial. It has further been pleaded that on the alleged date and time of occurrence, the prosecution party pounced upon them, brutally assaulted and for that, a case bearing Barauli (Sidhwalia) P.S. Case No. 57 of 2006 has been registered at their behest and to substantiate the same, Exhibit-A charge-sheet and Exhibit-B, FIR has been exhibited. Though, no oral evidence has been adduced.

6. In order to substantiate its case, prosecution had examined altogether seven PWs, who are PW-1, Shubh Narayan Choudhary, informant, PW-2, Sudarshan Chaudhary, PW-3 Ram Lakhan Yadav, PW-4, Sidhnath Jha, PW-5, Dr. Raisul Azam, PW-6, Kailash Pati Prasad and PW-7, Guddu Yadav.

7. Side by side, had also exhibited as Exhibit-1, signature of informant over fard-bayan, Exhibit-2, Fard-bayan, Ext.3, Formal F.I.R, Ext.4, Injury report, Ext.4/1, attested photocopy of supplementary injury report, Exhibit-5, report