The main legal point established in the judgment is that the evidence must prove the offence beyond reasonable doubt for a conviction. The court applied this principle in assessing the prosecution's case and determining the appropriate conviction.

We allowed this Criminal appeal on 23.4.02, for the reasons to be recorded later on, after hearing Mr. A Thakur, learned council for the appellants as well as Mr. G. Choudhury, learned Public Prosecutor, Assam to the extent that the conviction of the accused appellants under Section 320, IPC was converted to conviction under Section 326 read with Section 34 IPC and sentenced them accordingly to imprisonment already undergone by them and the reasons for allowing the appeal above noted are now stated as follows:

2. The impugned Judgement and order dated 26.3.1999 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 107/95 convicting the appellants under Section 302 IPC is the subject matter of challenge in this Criminal Appeal before us.

3. The prosecution case in brief is that on 19.6.1993 there was an incident of mar-pit between the sons of Lokheswari Turi (P.W-2) and Arun Turi (Appellant No.l) and as a sequel of the said incident the wife of appellant No.l and appellant No.3 abused and assaulted Lakheswari Turi the wife of the victim late Tileswar Turi. On being assaulted the PW-2'went to Dergaon Police Station to lodge an FIR but she was advised by the Police to come in the next morning. Thereafter in the morning of 20.6.1993 the P.W-2, Lokheswari Turi while proceeding to Dergaon Police Station accompanied by her minor son Jadav and her deceased husband, Tileswar Turi at about 6 A.M. in front of the house of one Kamal Turi (P.W.-3) the appellants intercepted them and tried to attack them. Out of fear they entered into the Court yard of Kamal Turi. Then Basudev Turi gave a lathi blow to the deceased and felled him down on the ground. Later on deceased, Tileswar Turi was assaulted and he was tied up with a rope and dragged him to the house of appellant No. 3 (Basudev Turi). Due to the assault at the house of appellant No. 3, the deceased Tileswar Turi suffered serious injuries for which he had to shift to Golaghat Civil Hospital for treatment wherein he succumbed to his injuries after three days.

4. An FIR (Ext. 3) was lodged by P.W.2, Lakheswari Turi on 20.6.93 with the Dergaon Police Station and pursuant to the said FIR investigation ensued.

5. Autopsy on the dead body of Late Tileswar Turi was conducted by P. W.5 Dr. F. Hoque at the Golaghat Civil Hospital. Holding Post mortem examination over the dead body, the doctor as per his deposition, found the following injuries :

"Rigormortis present.

INJURIES :

Blood stained fluid coming out from the mouth and no other external injury detected.

On examination of the abdomen-peritoneum contained blood. Spleen-Ruptured.

Other organs found healthy."

In his deposition the doctor (P.W.5) opined that cause of death was due to hemorrhage and shock as a result of rupture of spleen and such injury causing rupture of the spleen may be caused by use of severe force by blunt weapon on spleen. In his cross he deposed that in parasitic infection the spleen may be enlarged, but it is not ruptured. Except external force, the spleen is not ruptured. It may be noted herein that as per post mortem, no external injury was detected on the body of the deceased.

6. Initially a case was registered under Section 147/325 IPC but after investigation, the Police submitted charge-sheet against all the accused persons under Section 147/ 148/149/304/323/302 IPC as late Tileswar Turi died in the Hospital as a result of being assaulted by the appellants.

7. The prosecution examined as many as six witnesses including the PW.2 Smti. Lokheswari Turi, wife of Tileswar Turi, the informant and P.W. 5 the doctor who conducted the post mortem. Admittedly there was no eye witnesses to the incident of assault to the deceased causing death.

8. The learned Sessions Judge after discussing the evidences accepted the prosecution case and by his impugned Judgment and order convicted all the accused appellants under Section 302, IPC for causing death to the deceased Tileswar Turi by assaulting him.

9. We