JUDGMENT 1. The appellants, Narayan Yadav and Baleshwar Yadav, were arrayed as A1 to A2 before the Sessions Judge, Giridih, in S.T. No. 273/1993. They were charged and tried for the offences punishable under Section 147, 148 and 302 read with Section 149 I.P.C on the allegation that the appellants along with other accused (who were not sent up for trial) formed an unlawful assembly and that in furtherance of the common object of the said unlawful assembly, they caused injury to Baso Yadav at 7.00 a.m. on 10.11.1992, as a result of which the said Baso Yadav died, while he was removed to the Government Hospital for treatment. The Trial Judge, finding the appellants guilty under Section 302 read with Section 149 I.P.C, sentenced each of them to imprisonment for life and also imposed a fine of Rs. 5000/- on each of them with default stipulation. The first appellant was found guilty under Section 149 I.P.C and the second appellant was also found guilty under Section 147 I.P.C, for which a sentence of three years and two years respectively were imposed upon the appellants. The present appeal is against the said conviction and sentence. 2. The appellants and the deceased, Baso Yadav, were residing in the same village - Padaria. There was enmity between the parties as regards the enjoyment of the lands in the village. Civil cases were pending on the date of occurrence. 3. At about 7.00 a.m. on 10.11.1992, P.W.3 Bhim Yadav, the nephew of the deceased Baso Yadav, was proceeding to his field to bring paddy bundles. When he was near the house of his uncle Baso Yadav, he saw the appellants catching hold of the deceased by telling him that the field of Ramchandra Yadav should not be cultivated. While the quarrel was going on, Dayanand Yadav, one of the accused, opened fire with a pistol, as a result of which P.W.3 suffered injury on his head. Chhotu Yadav, another accused, gave a Tangi blow on the right side of the head of P.W.3. On seeing this, Baso Yadav went to the rescue of P.W.3 and he was assaulted by the first appellant with sword. The second appellant, taking up stones, threw them on the deceased, while Banwari Yadav, Jageshwar Yadav, Nageshwar Yadav and Babulal Yadav as well as Dukhan Yadav and Parmeshwar Yadav inflicted injuries on the deceased Baso Yadav. On seeing this, Baso Yadav went to the rescue of P.W.3 and he was assaulted by the first appellant with sword. The second appellant, taking up stones, threw them on the deceased, while Banwari Yadav, Jageshwar Yadav, Nageshwar Yadav and Babulal Yadav as well as Dukhan Yadav and Parmeshwar Yadav inflicted injuries on the deceased Baso Yadav. Baso Yadav fell down. The occurrence was witnessed by P.W.3 and on hearing his cries, P.W.1, Baleshwar Yadav, and others came to the scene. The appellants went away from the place along with other accused. Baso Yadav was placed on a bullock cart and was taken to the Government Hospital but he died on the way. The fardbeyan, Ext.3, was given by P.W.3 at the police station, on the basis of which Gawan P.S. Case No. 60/1992 was registered under various sections including under Section 302 I.P.C. In the meantime, the first appellant, Narayan Yadav appeared at the police station and gave a complaint regarding the same incident, which was registered as Gawan P.S. Case No. 61/1992 by the Police Officer. As both the crimes, i.e. Gawan P.S. Case Nos. 60 and 61/1992, were in respect of the same occurrence, investigation in the crimes was taken up by P.W.7, Naziruddin, in both the crimes. On taking up investigation in the crimes, P.W.7 reached the scene of occurrence and after preparing the seizure list attested by P.W.5, wife of Raj Kumar Yadav, conducted inquest over the body of Baso Yadav by preparing inquest report, Ext.4. After the inquest, the body was sent to the hospital for autopsy. 4. On receipt of the requisition and the dead body, a Medical Board was constituted, of which P.W.6, Dr. V.P. Singh, and P.W.8, Dr. A.K. Sahay, were members. On conducting autopsy on the dead body, the Medical Board found the following injuries: (i) Incised wound extending from posterior part of the occipital prominence to angle of mandible right side - 6" x 1 1/2" x bone deep, Cervical vertebra at level of 4th. All underlines of tissues, arteries and nerves were cut. Spinal chord was partly cut at the leve of C-4 vertebra. (ii) Incised wound - 3" x 2" x bone deep superior border of left scapula and extending to right scapula back. (iii) Oblique incised would 21/2" x 1" x muscle deep below right scapular region. All underlines of tissues, arteries and nerves were cut. Spinal chord was partly cut at the leve of C-4 vertebra. (ii) Incised wound - 3" x 2" x bone deep superior border of left scapula and extending to right scapula back. (iii) Oblique incised would 21/2" x 1" x muscle deep below right scapular region. (iv) Incised would 3" x 1" x muscle deep in the right calf of the wound, was transversely placed. (v) Incised would 31/2" x 1" x muscle deep in the right arm. (vi) Abrasion 1" x 1/2" above the left ankle. (vii) Abrasion 1" x 1/2" on the right shoulder. The post mortem certificate, Ext.2, was issued by the Board with the opinion that the injuries (i) to (v) would have been caused by sharp cutting weapon and injuries (vi) and (vii) would have been caused by hard and blunt substance and death could have occurred within 36 hours. 5. In the meantime, on the side of the accused, Ramchandra Yadav, who suffered injury, was referred to the hospital for treatment. On examining him, DW 2, Dr. Bijoy Kumar, found the injuries on Narayan Yadav, the first appellant, which he noted in Ext.C, the injury report. Similarly, on examining Ramchandra Yadav and finding injuries, he was treated and the injury report was marked as Ext.C/1. 6. After the completion of investigation, final report was filed and the appellants denied all the incriminating circumstances, when they were questioned under Section 313 Cr.P.C. On their side, they examined Gaira Devi, wife of Ramchandra Yadav, as D.W.1 and Dr. Bijoy Kumar as D.W.2 for proving the injuries found on first appellant Narayan Yadav and Ramchandra Yadav. Exts.C and C/1, the injury reports, issued by the said Doctor, Dr. Bijoy Kumar, were also marked. D.W.3 Baleshwar Choudhary was examined to say that a complaint was given at the police station by Narayan Yadav, which was registered as Gawan P.S. Case No. 61/1992. 7. Learned Counsel, appearing for the appellants, contends that though P.W.3 claimed in his evidence that he suffered an injury, the prosecution did not mark the injury report and that though Narayan Yadav, the first appellant and Ramchandra Yadav, one of the parties on the side of the accused, suffered serious injuries, the prosecution did not explain the injuries found on them and non-explanation of the injuries found on them is fatal to the prosecution. On the above contention, we have heard Mrs. C. Prabha, learned Counsel appearing for the State. 8. There can be no doubt that Baso Yadav died on account of the injuries suffered by him. Doctors, P.W.6 and P.W.8, who constituted the Board, gave evidence in court and marked Ext.2, the post mortem certificate, which shows the nature of injuries found on the dead body. The oral and the documentary evidence conclusively establish that Boso Yadav died on account of homicidal violence. 9. P.W.3, who is the nephew of the deceased Baso Yadav, was examined to prove that the appellants inflicted injuries on the deceased by joining with the other accused (who were not sent up for trial). According to P.W.3, while he was proceeding to his field to collect paddy bundles, he was accosted by the appellants and other accused and he was inflicted with injuries. According to him, when his uncle intervened, he was attacked by the appellants and other accused and on account of the injuries suffered by him, Baso Yadav died on the way to the hospital. He was cross-examined. He stated in no uncertain terms that neither Narayan Yadav, nor Ramchandra Yadav suffered any injury during the course of the same transaction. This evidence of P.W.3, on the face of it, is false, in view of the admission made by P.W.7. P.W.7, the Investigating Officer, who conducted investigation in the crimes, Gawan P.S. Case Nos.60 and 61/1992, has stated that he went to the scene of occurrence, prepared seizure list attested by P.W.5, Savitri Devi and thereafter conducted inquest. He has also stated that both the crimes, Gawan P.S. Case Nos. 60 and 61 of 1992, were investigated by him as both relate to the crimes, which were registered in respect of the same occurrence, which took place at 7.00 a.m. on 10.11.1992. The complaint of Gawan P.S. Case No. 61/1992, according to P.W.7, came to be registered on the complaint given by the first appellant, Narayan Yadav, in which P.W.3 is one of the accused. He has also admitted that Ramchandra Yadav was in Sadar Hospital, Giridih, with very serious injuries and thereafter he was referred to R.M.C.H. for better management. The complaint of Gawan P.S. Case No. 61/1992, according to P.W.7, came to be registered on the complaint given by the first appellant, Narayan Yadav, in which P.W.3 is one of the accused. He has also admitted that Ramchandra Yadav was in Sadar Hospital, Giridih, with very serious injuries and thereafter he was referred to R.M.C.H. for better management. He went on to admit that on seeing the X-ray plate regarding the injury of Ramchandra Yadav, he noticed that Ramchandra Yadav suffered a pellet injury on the left shoulder and that he also raised no objection when his bail petition was moved before the Chief Judicial Magistrate. The evidence of P.W.7, therefore, shows that Narayan Yadav, the first appellant, and Ramchandra Yadav belonging to the accused-appellant party suffered injuries during the course of same transaction, for which a complaint was given and registered as Gawan P.S. Case No. 61/1992 and that Ramchandra Yadav suffered very serious injuries including gun shot injuries, for which there is no explanation. On the contrary, P.W.3 totally denied that either Narayan Yadav or Ramchandra Yadav suffered injuries during the course of same transaction, which shows that P.W.3 had suppressed the genesis and origin of the case. In fact, he was one of the accused in Gawan P.S. Case No. 61/92 and also involved in other criminal cases. In the above background, we find it unsafe to act upon the evidence of P.W.3 to hold that the occurrence took place in the manner spoken by him. On the contrary, we are of the view that the occurrence could have taken place in a different manner and the prosecution failed to prove the genesis and origin of the case. The Supreme Court in the case of Lakshmi Singh and Ors. On the contrary, we are of the view that the occurrence could have taken place in a different manner and the prosecution failed to prove the genesis and origin of the case. The Supreme Court in the case of Lakshmi Singh and Ors. v. State of Bihar held as follows: In a murder case, the non-explanation of the injuries sustained by the accused at about the time of the occurrence or in the course of altercation is a very important circumstance from which the Court can draw the following inferences: (1) that the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version; (2) that the witnesses who have denied the presence of the injuries on the person of the accused are lying on a most material point and therefore their evidence is unreliable; (3) that in case there is a defence version which explains the injuries on the person of the accused it is rendered probable so as to throw doubt on the prosecution case. 10. When we apply the above principles to the facts of this case, it is to be held that since the prosecution has suppressed the genesis and origin of the case, the appellants are entitled to an acquittal and they are accordingly acquitted. The conviction and sentence imposed upon the appellants by the trial court are set aside. It is reported that both the appellants are in jail. They shall be released from the jail custody forthwith, if not wanted in any other case(s). This appeal is allowed.