K. P. MOHAPATRA. J. ( 1 ) THIS appeal is directed against, the order passed by the learned Additional Sessions Judge, Bhawanipatna convicting the appellants under section 323 of the Indian Penal Code (I. P. C. for short) and sentencing each of them to undergo rigorous imprisonment for one year. ( 2 ) THE prosecution case relevant for the purpose of disposal of this appeal is stated in short. Appellant Banamali was the Sarpanch, appellant Muketeswar was the Secretary and appellant Rajkishore was the Peon of the Thuamul Rampur Gram Panchayat in Kalahandi district. The Gram Panchayat had two tanks named Upar Bandh and Tala Bandh under its control for the purpose of pisciculture. In the early part of May, 1979 some fishermen including P. Ws. 5 and 7 belonging to Bolangir district and P. W. 8 belonging to a different village in Kalahandi district were engaged in catching fish from the aforesaid tanks. Fish from the two Panchayat tanks were caught. When the fishermen wanted to leave, they were asked to catch fish from one of the Panchayat tanks in the night of Monday (7-5-1979 ). Therefore, the fishermen including P. Ws. 5, 7 and 8 put the fishing nets inside the tank water and caught fishes. The appellants and some officials of the Gram a panchayat such as, the Gram Panchayat Extension Officer were present at that time. When the fish were caught, it was about 9 p. m. The biggest catch was sent to the local liquor vender through appellant Rajkishore for barter who brought a big jar of liquor which was consumed by the appellants and some others. Deceased Han Nayak has been engaged by the appellants on wages for the fishing operation. He happened to be present. After the officers of the Gram Panchayat left the place, the fishermen engaged in the fishing operation demanded their wages so as to leave the place. At that time deceased Han Nayak also demanded his wages which it seems were in arrears. Appellant Banamali told him to make such demand later, but deceased Han Nayak insisted and abused appellant Banamali in obscene and insulting language. Being enraged, appellant Banamali directed appellant Rajkishore to assault the deceased. Accordingly appellant Rajkishore pushed the deceased by his neck, as a result of which the latter fell down on the ground on the edge of the water of the tank. Being enraged, appellant Banamali directed appellant Rajkishore to assault the deceased. Accordingly appellant Rajkishore pushed the deceased by his neck, as a result of which the latter fell down on the ground on the edge of the water of the tank. After he fell down, appellant Banamali assaulted him by kicks and fist blows. Appellant Mukteswar also assaulted the deceased by means of a stick. The fishermen including P. Ws. 5, 7 and 9 who were present saw the above incident and asked for wages to be paid. When they were threatened by appellant Banamali they left the village. Next morning they came across a Constable who intimated them that a man had died and so they came to Thuamul Rampur Police Station and learnt about the death of the deceased. In the meanwhile P. W. 1, the wife of the deceased having found that her husband who had left on Monday night on being called by appellant Rajkishore did not return home, went in search of him and noticed that his dead body was floating on the water of the Panchayat tank. She lodged FIR. (Ext. 9) at the police station and investigation commenced. The dead body of the deceased was sent for post mortem examination to P. W. 6 who submitted the post mortem report (Ext. 7 ). After close of investigation charge-sheet was submitted against the appellants for having committed an offence under section 302/34, I. P. C. ( 3 ) THE appellants defence was a complete denial of their complicity in the alleged occurrence. They stoutly denied for having assaulted the deceased resulting in his murder. ( 4 ) THE learned Additional Sessions Judge accepted the evidence of the eye-witnesses to the occurrence P. Ws. 5, 7 and 8. He, however, found on considering the opinion of the Medical Officer (P. W. 6) that it was not a case of culpable homicide amounting to murder, but was a simple case of assault punishable under section 323. Accordingly having acquitted the appellants for the charge under section 302/34 he convicted and sentenced them for an offence under section 323 I. P. C. ( 5 ) LEARNED counsel appearing for the appellants urged that the evidence of the eyewitnesses to the alleged occurrence cannot be believed, because of material discrepancies and improbabilities. Accordingly having acquitted the appellants for the charge under section 302/34 he convicted and sentenced them for an offence under section 323 I. P. C. ( 5 ) LEARNED counsel appearing for the appellants urged that the evidence of the eyewitnesses to the alleged occurrence cannot be believed, because of material discrepancies and improbabilities. If their evidence is excluded from consideration there will be nothing left in the record so as to implicate the appellants with the alleged occurrence. He further urged that the evidence of the Medical Officer (P. W. 6) is such that it does not disclose of any injury on the dead body of the deceased and so the theory of death of the deceased on account of assault cannot, in the facts and circumstances of the case, be accepted. Learned Additional Standing Counsel, on the other hand, contended that the evidence of the eye-witnesses to the occurrence P. Ws. 5, 7 and 8 is credible, truthful and acceptable. The discrepancies, if any, are of a minor nature and cannot outweigh the testimony of the witnesses to the occurrence. With regard to the evidence of the Medical Officer (P. W. 6) he stated that ocular evidence shall take precedence over medical evidence. ( 6 ) IT will appear from the evidence of the Medical Officer (P. W. 6) who performed the post mortem examination of the deceased on 9-5-1979 that the body was decomposed and swollen. There were blisters all over the body. He found one redish linear mark on the abdomen. He also noticed one such mark on the right shoulder upto the back which was 4 long and 1 wide. According to him the injuries were ante-mortem in nature. He could not give specific opinion as to the cause of death, but stated that in all probability the person died either due to heavy stroke on the abdomen and other parts of the body or by pressing the testicles or throat after which the body had been thrown into the water (vide post mortem report, Ext. 7 ). He further opined that death was not on account of drowning. 7 ). He further opined that death was not on account of drowning. His evidence gives the impression that it was not possible on his part to detect injuries on the dead body and to ascertain the real cause of death of the deceased on account of the fact that the body had decomposed and had extensive blisters on it. ( 7 ) THE prosecution has mainly relied upon the evidence of P. Ws. 5, 7 and 8, the fishermen who were eye-witnesses to the assault of the deceased by the appellants. Their consistent evidence is that they belonged to different places and had come to Thuamul Rampur for catching of fish from the Grama Panchayat tanks on wages. They caught fishes from the Panchayat tanks in the presence of the appellants, the Grama Panchayat Extension Officer and some others at about 9 p. m. on the date of occurrence namely 7-5-1979. It was a moonlit night. They came to know deceased Han Nayak in Thuamul Rampur, but they did not know if he had been engaged by the appellants to work in the fishing operation. After catching fish, some liquor was brought and the appellants and others took liquor. They however did not participate. They demanded their wages for returning to their village. The deceased who was present also demanded his arrear wages, but when appellant Banamali declined to pay all at once and asked him to wait, the deceased abused him in obscene and insulting language. On being abused appellant Banamali asked appellant Rajkishore to assault the deceased. Appellant Rajkishore thereupon caught hold of the neck of the deceased and pushed him to the ground, as a result of which, the deceased fell down. Thereafter appellant Banamali assaulted him by means of kicks, fist blows and appellant Mukteswar assaulted him by means of a stick. The witnesses saw the assault in the light of the moon from a distance of 12 to 14 cubits. Even after the assault on the deceased when they again demanded their wages they were threatened by appellant Banamali and so out of fear they not only left the place but also left the village. The witnesses saw the assault in the light of the moon from a distance of 12 to 14 cubits. Even after the assault on the deceased when they again demanded their wages they were threatened by appellant Banamali and so out of fear they not only left the place but also left the village. On the next day they were told by a Constable that a man had been found dead near the Panchayat Tank and when they saw the dead body they recognised that the deceased was the person who had been assaulted by the appellants in the previous evening. These eye-witnesses not only corroborated one another in material particulars, but also being persons of different localities and earlier unknown to the appellants, they had no axe to grind against them so as to falsely implicate them in, a case of murder. The appellants in their statement under section 313 of the Code of Criminal Procedure have not also denied that these witnesses were not engaged in. catching offish from the Gram Panchayat tanks. So the presence bf these eyewitnesses at the time of occurrence cannot be doubted. ( 8 ) LEARNED Counsel for the appellants pointed out that there is no evidence that the deceased was engaged by the appellants, the eye-witnesses could not say on which parts of the body of the deceased the kicks and the fist blows fell, P. W. 8 had defective vision so much so that he could not see in the dark night, there was discrepancy as to whether the deceased was wearing a Ganji or was holding it on his shoulder or he was holding a shirt on his shoulder and last of all the eye-witnesses to the occurrence did not immediately disclose about the assault to other persons. The evidence of P. W. 1, the window of the deceased will show that the latter had been engaged and as a matter of fact appellant Rajkishore called him for the fishing operation in the night of occurrence and accordingly, the deceased accompanied him but never returned, alive to the house. Her evidence has been corroborated by P. W. 11. The evidence of P. Ws. 1 and 11 can hardly be disbelieved. Different persons have different capacity for observation. Her evidence has been corroborated by P. W. 11. The evidence of P. Ws. 1 and 11 can hardly be disbelieved. Different persons have different capacity for observation. When a person is assaulted by a number of persons it is not ordinarily possible for the eye-witnesses to say as to on which parts of the body the blows fell. On the other hand, if a witnesses meticulously gives out details, he may. be dubbed as an interested witness having got by heart the prosecution story. P. W. 8 admitted that he has defective vision and cannot see in a dark night. But the occurrence took place white the moon was on the sky and actually he took part in the fishing operation. Therefore, it was possible on his part to see things in the moon light. Whether the deceased was wearing a Ganji or holding a Ganji on his shoulder or he was holding a shirt on his shoulder is an insignificant material. Last of all the eyewitnesses might have thought that the assault was a minor affair and at any rate by the time they left they had not known that the deceased after the assault had died. Therefore, on that account it was possible that they did not attach any importance and did not report about the incident to any other person. Moreover, whom they should have reported? The Sarpanch and the Secretary of the Thuamul Rampur Gram Panchayat who were considered to be important persons of the locality were themselves drunk and had assaulted the deceased. It was night. They were strangers and had been threatened by appellant Banamali with assault. Therefore, they thought it wise to leave the place unseen and unknown without even taking wages. For all these reasons, no adverse inference can be drawn against the prosecution case. ( 9 ) THE learned Additional Sessions Judge has made a detailed and exhaustive analysis of the prosecution evidence and has rightly convicted and sentenced the appellants for an offence under section 323 I. P. C. It is settled law that the High Court will not interfere in a case where the discrepancies are of a minor nature and the Sessions Judge has made a detailed and exhaustive analysis of the prosecution evidence in his judgment. One of the latest decisions in support of the above principle is reported in State of UP. One of the latest decisions in support of the above principle is reported in State of UP. v. Ballabh and others. In view of the aforesaid discussion, I do not find any material to interfere with the order of conviction and sentence which is accordingly affirmed. The appeal is dismissed. Appeal dismissed. .