The conviction upheld based on credible eyewitness testimony and medical evidence, despite the absence of independent witnesses, affirming the trial court's judgment.

JUDGMENT :

(Vipul M. Pancholi, J.)

Both these appeals have been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) challenging the judgment of conviction dated 27.03.2017 and the order of sentence dated 29.03.2017, passed by learned Sessions Judge, Buxar, in Sessions Trial No. 256 of 2016, arising out of Nawanagar P.S. Case No. 41 of 2016, whereby and whereunder all the appellants have been convicted for the offence punishable under Sections 302/34, 448/34 and 323/34 of the Indian Penal Code (‘IPC’ for short) and have been sentenced to undergo life imprisonment and a fine of Rs.10,000/- each for the offence under Section 302/34 of the IPC. The appellants have been further sentenced to undergo one year simple imprisonment for the offence under Section 448/34 of the IPC and also to undergo one year simple imprisonment for the offence under Section 323/34 of the IPC. The sentences have been directed to run concurrently.

2. The facts of the present case, in a nutshell, are as under:-

2.1. The prosecution case is based on the fard-beyan of the informant Kanchan Pasi, recorded by Sub Inspector of Police of Nawanagar Police Station, Buxar, on 31.03.2016, at about 08:30 AM, at Katiknar on village road, that, on 31.03.2016 at about 08.05 AM, the informant with his father Ghughali Pasi (deceased), his mother Kouta Devi and sister-in-law Dharmsheela Devi was returning from the field of Nanhaku Singh after cutting the crop of lentil and reached at the door of Nirmal Singh. All the named accused persons, Joni Passi @ Ravindra Pasi, Gidik Pasi, Virendra Pasi, Chandan Pasi, Pappu Pasi @ Hindustan Pasi, Krishna Pasi (juvenile) and Botal Pasi surrounded them and assaulted the father of the informant. Ravindra Pasi inflicted repeated blows by means of Katta (a sharp cutting weapon) upon the deceased. When they tried to save the deceased, the accused persons assaulted them and as the villagers assembled, the accused persons fled away. Thereafter, they reached near his father, who died at the spot. Prior to this occurrence, the accused persons also went to their house looking for them and when they did not find them, they assaulted his nephew and nieces.

2.2. After recording of the fard-beyan of the informant, formal FIR came to be registered before Nawanagar Police Station, bearing Nawanagar P.S. Case No. 41 of 2016 for the offences punishable under Section 447, 341, 323, 302 120(B)/34 of the IPC at about 08:05 AM on 3103.2016.

2.3. After registration of the FIR, the Investigating Officer commenced the investigation and during the course of the investigation, he had recorded the statement of the witnesses and collected documentary evidence and thereafter filed the charge-sheet against the appellants-accused before the concerned Magistrate Court. As the case was exclusively triable by the Court of Sessions, the learned Magistrate committed the same to the Sessions Court under Section 209 of the Code, where the same was registered as Sessions Trial No. 256 of 2016.

2.4. The trial court proceeded with the trial of six accused persons out of total seven accused, as accused Krishna Pasi was declared juvenile on 05.01.2017 and his case was referred to Juvenile Justice Board, Buxar for trial and disposal.

3. Before the trial court, the prosecution examined 11 witnesses and also produced documentary evidence. Four defence witnesses were also examined and documentary evidence was also produced. Thereafter, the statement of the accused under Section 313 of the Code came to be recorded wherein they pleaded not guilty.

3.1. After conclusion of the trial, the trial court passed the impugned judgment of conviction and the order of sentence, against which the appellants/convicts have preferred the present appeals.

4. Heard Mr. Rajendra Narain, learned senior counsel appearing on behalf of the appellant and Mr. Sujit Kumar Singh, learned APP for the respondent-State in Cr. Appeal (DB) No. 582 of 2017. Also heard Dr