The court emphasized the importance of credible evidence, especially in the absence of eyewitnesses, and considered medical reports as crucial in establishing guilt.

JUDGMENT

Kailash Prasad Deo, J. - Heard, learned counsel for the appellant, Mr. Anil Kumar Sinha and Mr. Tapas Roy, learned Additional Public Prosecutor, appearing for the State.

2. The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 17.12.2002, passed by the learned Additional District & Sessions Judge-1st, Fast Track Court, Giridih, in Sessions Trial Case No. 129 of 2000 / T. R. No.180 of 2002, whereby, sole appellant has been convicted for the offence committed and punishable under Sections 341, 323, 325 and 504 of the Indian Penal Code and awarded Rigorous Imprisonment for three years for the offence committed under Section 325 of the Indian Penal Code, rigorous imprisonment for six months for the offence committed under Section 323 of the Indian Penal Code, simple imprisonment for 15 days for the offence committed under Section 341 of the Indian Penal Code and simple imprisonment for one year for the offence committed under Section 504 of the Indian Penal Code. All the sentences are directed to run concurrently.

3. The prosecution case, is based upon, written report submitted by Bansi Gope (P.W.13) before the officer-in-charge, Bagodar Police Station, Giridih, on 26.02.1999, wherein, the informant has stated, that today i.e. on 26.02.1999 at about 9.00 P.M. he was going to his house from the railway station and on the way he went to the shop of the accused Ram Lakhan Mandal and asked for a cigarette and a betel, on which Ram Lakhan Mandal demanded money. The informant gave him a note of Rs. 10/- but the accused threw the note towards him and asked to give change. While the informant was picking up the note, said to the accused, that instead of throwing the note of Rs. 10/- he should have returned the same to him and thus altercation took place with exchange of words. In the meantime Bandhan Mandal, father of accused, asked him to beat the informant, upon which the accused Ram Lakhan Mandal took out iron khanti and started assaulting the informant indiscriminately. As a result the informant sustained injury on his head and left leg, which got fractured and also sustained injury on his right leg and other parts of the body. The informant fell down on the ground, whereupon the accused, Ram Lakhan Mandal and his father, Bandhan Mandal pressed him. The informant raised brawl and became unconscious, on which his family members and nearby persons came and took him to Sariya Hospital, where he was treated and when he got sense, persons present there told him that Ram Lakhan Mandal and his father fled away after scattering the articles of there own Gumti.

4. On the basis of the written report of the informant, the Police has registered First Information Report bearing Bagodar(Sariya), P.S. Case No. 47 of 1999, dated 27.02.1999, under Sections 341/323/ 325/ 307/34 / 504 of the Indian Penal Code against the accused.

5. After investigation, the police has submitted charge sheet vide charge sheet no. 132 of 1999, dated 29.07.1999, under Sections 341/ 323/ 325/ 307/ 504 of the Indian Penal Code against the accused/appellant.

6. The cognizance of the offence has been taken vide order dated 28.08.1999 and the case has been committed to the Court of Sessions vide order dated 24.03.2000.

7. The learned trial Court has framed charge against accused/appellant, on 05.09.2000, under Sections 307/34, 504/34, 341/34 323/34 and 325/34 of the Indian Penal Code, to which the accused/appellant has pleaded his innocence and thus, he was put under trial.

8. The prosecution, in order to prove its case, has examined altogether fourteen witnesses and also exhibited documentary evidence.

Tiket Yadav has been examined as P.W.1, Lakhan Gope has been examined as P.W.2, Ashok Kumar Yadav has been examined as P.W.3, Karoo Yadav has been examined as P.W.4, Gopi Modi has been examined as P.W.5, Munna Yadav has been examined as P.W.6, Kulla Ram Verma has been examined as P.W.7, Gangadhar Yadav has been exami