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2013 DIGILAW 1399 (PAT)

Bishwanath Thakur v. State of Bihar

2013-12-06

RAJENDRA KUMAR MISHRA

body2013
JUDGMENT : Rajendra Kumar Mishra, J. - These four appeals are directed against the judgment of conviction and order of sentence dated 21.10.2005 passed by the Additional Sessions Judge, Fast Track. Court No. II, Samastipur, in Sessions Trial No. 191 of 1999/47 of 2005, whereunder appellants, Vidyanand Sharma, Ramanand Sharma, Arun Kumar Sharma and Sachidanand Sharma, were found guilty for the offence under Sections 147, 323 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for the offence under Section 147 of the Indian Penal Code, for six months for the offence wider Section 323 of the Indian Penal Code and five years for the offence under Section 307 of the Indian Penal Code, whereas appellants. Bishwanath Thakur, Kamal Sharma and Amresh Kumar Pankaj, were found guilty for the offence under Sections 148, 324 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years for the offence under Section 148 of the Indian Penal Code, for two years for the offence under Section 324 of the Indian Penal Code and for seven years for the offence under Section 307 of the Indian Penal Code. However, all the sentences were ordered to run concurrently. 2. According to the prosecution, case, on 17.9.1996 at about 7.30 a.m., the informant, Ramesh Prasad Sharma (PW 5) alongwith his brother, Kameshwar Sharma (PW 2) were preparing the challan to deposit the cash and cheque of the L.I.C. at chowki in front of the house. All of sudden, appellant, Bishwanath Thakur armed with spear, appellant, Sachidanand Sharma armed with pistol, appellant, Kamal Sharma armed with farsa, appellants, Vidyanand Sharma Ramanand Sharma and Arun Kumar Sharma, armed with lathi came there. Appellant, Bishwanath Thakur, ordered to kill on which appellant, Sachidanand Sharma, fired from his pistol but the same did not hit his brother. In the meantime, appellant, Kamal Sharma, gave a farsa blow at him causing injury on his back. Appellant, Amresh Kumar Pankaj, gave a farsa blow on his head with an intention to kill him but he bent his head towards left side, as such farsa hit on his right shoulder causing cut bleeding injury. Thereafter, appellants, Vidyanand Sharma and Ramanand Sharma, brutally assaulted his brother, Kameshwar Sharma (PW 2). Thereafter, appellants, Vishwanath Thakur and Arun Kumar Sharma, took away the bag, cash and L.I.C. paper from the chowki. Thereafter, appellants, Vidyanand Sharma and Ramanand Sharma, brutally assaulted his brother, Kameshwar Sharma (PW 2). Thereafter, appellants, Vishwanath Thakur and Arun Kumar Sharma, took away the bag, cash and L.I.C. paper from the chowki. The cause of occurrence, as stated by the informant, is to be the land dispute. 3. On the basis of the aforesaid fardbeyan of the informant, Ramesh Prasad Sharma (PW 5), as recorded on 17.9.1996 at 5.15 p.m. at Sadar Hospital, Muzaffarpur, by Chhottelal Manjhi, P.S.I. of Muzaffarpur (Town) Police Station, Tajpur (Pusa) P.S. Case No. 314 of 1996 was instituted on 20.9.1996 under Sections 147, 148, 149, 323, 324, 307, 447 and 379 of the Indian Penal Code. 4. The police on investigation of the case submitted the charge-sheet dated 30.11.1997 under Sections 147, 148, 149, 323, 324, 447 and 307 of the Indian Penal Code and, thereafter, the case was committed to the Court of Sessions for trial, where charges were explained to the accused-appellants, who pleaded innocence. 5. The defence of the appellant, as appears from the trend of the cross-examination of the witnesses, is that, in fact, no occurrence had taken place and the informant got the fabricated injury report with the help of his relative posted as dresser at Sadar Hospital, Muzaffarpur, and implicated the accused-appellants due to land dispute. 6. During trial, the prosecution has examined altogether 14 witnesses. They are Braj Kishore Prasad Singh (PW 1), Kameshwar Rai (PW 2), Sundeshwar Sharma (PW 3), Laxmi Sharma (PW 4), Ramesh Prasad Sharma (PW 5), the injured and the informant of the case, Gopal Singh (PW 6), Advocate's Clerk, Shashi Kumar Sharma (PW 7), Shyam Kumar Shanna (PW 8), Subhash Sharma (PW 9), Nilu Devi (Sharma) (PW 10), Dr. Nagendra Prasad Sinha (PW 11), Mahendra Choudhary (PW 12), Banarsi Devi (PW 13) and Kapildeo Singh (PW 14), the Investigating Officer of the case. 7. On the other hand, the defence has also examined three witnesses. They are Awadhesh Thakur (D.W.1), Bishundeo Sah (D.W.2) and Surendra Prasad (D.W.3). 8. The trial Court on considering the evidence available on the record convicted and sentenced the appellants through the impugned judgment and order as indicated above. 9. Now, I proceed to consider the evidence of the prosecution witnesses. 10. PW 9, Subhash Sharma and PW 13, Banarsi Devi, were tendered for cross-examination by the defence and both have stated nothing regarding the occurrence. 9. Now, I proceed to consider the evidence of the prosecution witnesses. 10. PW 9, Subhash Sharma and PW 13, Banarsi Devi, were tendered for cross-examination by the defence and both have stated nothing regarding the occurrence. PW 7, Shashi Kumar Sharma and PW 8, Shyam Kumar Sharma, have been declared hostile by the prosecution, PW 4, Laxmi Sharma is the formal witness and he has only proved the formal F.I.R. as Ext.2. PW 6, Gopal Singh, an Advocate’s Clerk is formal witness, who has proved the signature of the informant, Ramesh Prasad Sharma (PW 5), and Surendra Tiwary, Advocate on the protest petition of Ramesh Prasad Sharma (PW 5) as Exts.3 and 3/1. PW 12, Mahendra Chaudhary, is also a formal witness, who has only stated in his evidence that before seven years darogaji had prepared the seizure list regarding two sarees, 2-3 garyies, one kurta stained with blood on which he had put his signature. 11. PW 5. Ramesh Prasad Sharma, is the injured and informant of the case. He has stated in his evidence that on 17.9.1996 at about 7.30 a.m. he alongwith his brother, Kameshwar Sharma (PW 2) were doing some paper works regarding cash and cheque of the L.I.C. of the customers to deposit the same as his brother is L.I.C. agent. All of sudden, Bishwanath Thakur armed with spear, Amresh Kumar Pankaj and Kamal Sharma armed with farsa, Arun Kumar, Ramanand Sharma and Vidyanand Sharma armed with lathi and Sachidanand Sharma armed with pistol came there. Vishwanath Thakur ordered to kill on which Sachidanand Sharma fired from his pistol to kill but luckily the same did not hit his brother. Kamal Sharma gave a farsa blow with intention to kill him which hit on his back with its blunt potion. In the meantime, Amresh Kumar Pankaj with intention to kill him attacked on his head with farsa but he bent his body towards left and due to that reason he sustained injury on his right shoulder and he became injured and blood started oozing out. Ramanand Sharma and Vidyanand Sharma brutally assaulted Kameshwar Sharma (PW 2) with lathi. Vishwanath Thakur and Arun Kumar moved from there taking the bag, cash Rs. 29,285/- and the cheque amounting to Rs. 12,524/-. The villagers gathered there and they took them to the Sadar Hospital. Muzaffarpur, where both were treated. On the direction of the doctor. Ramanand Sharma and Vidyanand Sharma brutally assaulted Kameshwar Sharma (PW 2) with lathi. Vishwanath Thakur and Arun Kumar moved from there taking the bag, cash Rs. 29,285/- and the cheque amounting to Rs. 12,524/-. The villagers gathered there and they took them to the Sadar Hospital. Muzaffarpur, where both were treated. On the direction of the doctor. X-ray of his injury was done which is in the Hospital with the doctor. The police also came there and recorded his fardbeyan. This witness has identified his signature, which has already been marked as Ext.1. This witness has further stated that the police seized two ganjies, two sarees, one kurta, stained with blood. In paragraph 12 of his cross-examination, this witness has stated that he and his brother. Sundeshwar Sharma (PW3) had lodged a case against Ramanand Sharma and both son-in-laws of Baleshwar Sharma under Section 144 of the Code of Criminal Procedure and there is also a civil suit in between him and the accused. In paragraph-13 of his cross-examination, this witness has further stated that Baleshwar Sharma is his gotiya, who has no son. His son-in-laws, Vishwanath Thakur and Arun Kumar Sharma and grand son, Amresh Kumar Pankaj, are accused in the case. This witness has further stated in paragraph-16 of his cross-examination that in front of his house, there is a road and adjacent to the road in opposite side, there are houses of Bhageran Thakur (not examined), Nathuni Thakur (not examined) and Umesh Thakur (not examined). In the East of the house, there are houses of Rammohan Sharma (not examined) and Mahesh Sharma (not examined). This witness, in paragraph-23 of his cross-examination, has denied the suggestion of the defence to the effect that since his phupha is posted in Sadar Hospital, Muzaffarpur, he got prepared the false injury report. 12. PW 2, Kameshwar Rai, is injured and the brother of the informant, Ramesh Prasad Sharma (PW 5). He has stated in his evidence that on 17.9.1996 at about 7.30 a.m. he alongwith his brother, Ramesh Prasad Sharma (PW 5), Shyam Kumar (PW 8), Udai Kumar Thakur (not examined), Braj Kishore Prasad Singh (PW 1), were doing the paper works of L.I.C. In that course, two policy holders handed over the cash. He has stated in his evidence that on 17.9.1996 at about 7.30 a.m. he alongwith his brother, Ramesh Prasad Sharma (PW 5), Shyam Kumar (PW 8), Udai Kumar Thakur (not examined), Braj Kishore Prasad Singh (PW 1), were doing the paper works of L.I.C. In that course, two policy holders handed over the cash. in the meantime, Vishwanath Thakur armed with spear, Sachidanand Sharma armed with pistol, Kamal Sharma and Amresh Kumar Pankaj armed with farsa, Arun Kumar Sharma, Ramanand Sharma and Vidyanand Sharma armed with lathi surrounded him and others. On the order of Vishwanath Thakur to kill, Sachidanand Sharma fired from his pistol at him but luckily the same did not hit him. Kamal Sharma with intention to kill gave a farsa blow at his brother, Ramesh Prasad Sharma (PW 5) but he received injury from the blunt portion of farsa on his back. Thereafter, Amresh Kumar Pankaj attacked through farsa on the head of his brother, Ramesh Prasad Sharma (PW 5), but he bent upon and due to that reason he sustained blood oozing injury on his right shoulder. Ramanand Sharma and Vidyanand Sharma caused injury to him through lathi. At that time, Vishwanath Thakur and Arun Kumar Sharma took the bag, cash Rs.29,285/- and cheque of Rs. 12,534/- which were on the chowki Some villagers arranged the jeep to carry him and his injured brother, Ramesh Prasad Sharma (PW 5) for treatment, then accused. Vishwanath Thakur and Sachidanand Thakur blocked the road to the destination of Samastipur. Tajpur and Pusa Hospitals. Then the villagers proceeded towards Muzaffarpur. At that time, the accused started pelting stones at the jeep. He and his brother were admitted in the Sadar Hospital, Muzaffarpur, where police recorded the statement of his brother, Ramesh Prasad Sharma (PW 5). This witness has proved the signature of his brother. Ramesh Prasad Sharma (PW 5), on the fardbeyan as Ext.1. This witness has further stated in paragraph-8 of his cross-examination that the accused are his gotiyas. Accused, Vishwanath Thakur, is the son-in-law of the accused Baleshwar Sharma. Accused. Arun Kumar Sharma is also the son-in-law of Baleshwar Sharma. Accused, Amresh Kumar Pankaj is the grand son of Baleshwar Sharma. Since Baleshwar Sharma has no son his grand son is residing with him. This witness has further stated in paragraph-9 of his cross-examination that his phupha was dresser in the Sadar Hospital, Muzaffarpur. Accused. Arun Kumar Sharma is also the son-in-law of Baleshwar Sharma. Accused, Amresh Kumar Pankaj is the grand son of Baleshwar Sharma. Since Baleshwar Sharma has no son his grand son is residing with him. This witness has further stated in paragraph-9 of his cross-examination that his phupha was dresser in the Sadar Hospital, Muzaffarpur. In pamgraph-22 of his cross-examination, this witness has further stated that Pusa police station and Pusa hospital is situated at the distance of six kilometers in North to his house. Tajpur police station and Government Hospital is situated at the distance of six kilometers in South and Samastipur hospital is 12-13 kilometers in East to his house. This witness has further stated in paragraph-23 of his cross-examination that Muzaffarpur is 32 kilometers to his house and Sakra Hospital is in the way. This witness in paragraph-24 in cross-examination, denied the suggestion of the defence that since his phupha was dresser in Sadar Hospital, Muzaffarpur, due to that reason the injured were brought there. This witness has further stated in paragraph-25 of his cross-examination that police had recorded his statement in the Sadar Hospital after three days. This witness has further stated in paragraph-30 of his cross-examination that his brother. Ramesh Prasad Sharma (PW 5), regained his consciousness on 19.9.1996 in the evening at about 5.30 p.m. while he was admitted on that day in the morning at about 9.00 a.m. When his brother regained his consciousness, his statement was recorded at about 5.30 p.m. 13. PW 1, Braj Kishore Prasad Singh has stated in his evidence that the occurrence took place 4-1/2, years earlier at about 7.30 a.m. At that time, he was sitting at the door of Kameshwar Sharma (PW 2) and was taking tea. At that time, he saw that Vishwanath Sharma armed with spear, Sachidanand Sharma armed with pistol, Kamal Sharma and Amresh Kumar Pankaj armed with farsa, Ramanand Sharma, Vidyanand Sharma and Arun Kumar Sharma armed with lathi came there. Vishwanath Thakur ordered to kill Kameshwar Sharma on which Sachidanand Sharma fired shot from his pistol at Kameshwar Sharma (PW 2) but the same did not hit him. Then all the accused assaulted Kameshwar Sharma (PW 2) brutally through lathi. Vishwanath Sharma and Arun Kumar Sharma started to take the papers bag and cash, then Ramesh Sharma made protest on which Kamal Sharma gave farsa blow, which hit on his back. Then all the accused assaulted Kameshwar Sharma (PW 2) brutally through lathi. Vishwanath Sharma and Arun Kumar Sharma started to take the papers bag and cash, then Ramesh Sharma made protest on which Kamal Sharma gave farsa blow, which hit on his back. Thereafter, Amresh Kumar Pankaj with an intention to kill gave farsa blow at Ramesh Prasad Sharma (PW 5) then he bent upon and sustained bleeding injury on his right shoulder. Thereafter, Vishwanath and Arun moved from there taking L.I.C. papers, cash and bags. This witness has further stated in paragraph-7 of his cross-examination that his house is situated four kilometers in South to the place of occurrence and he had gone to the place of occurrence to deposit L.I.C. Premium. This witness has further stated that at present policy number is not in his memory. This witness has further stated in paragraph-15 of his cross-examination that, Shashi Sharma (PW 7), Mahendra Choudhary (PW 12), Uadi Sharma (not examined). Shyam Sharma (PW 8) and others had come to the place of occurrence. This witness has further stated in paragraph-21 of his cross-examination that blood had fallen on the chowki and on the earth at the place of occurrence. 14. PW 3, Sundeshwar Sharma, is the brother of the informant: He has stated in his evidence: that the occurrence took place on 17.9.1996 at about 7.30 a.m. At that time, he was taking tea at his door. Vishwanath Thakur armed with spear. Sachidanand Sharma armed with pistol, Kamal Sharma and Amresh Kumar Pankaj armed with farsa, Vidyanand Sharma. Ramanand Sharma and Arun Kumar Sharma armed with lathi came at his door. On the order of Vishwanath Thakur. Sachidanand Thakur fired from his pistol at his brother. Kameshwar Sharma (PW 2) but the same did not hit him. Ramanand Sharma. Arun Kumar Sharma. Vidyanand Sharma assaulted his brother, Kameshwar Sharma (PW 2) through lathi. Kamal Sharma gave a farsa blow at Ramesh Sharma (PW 5) which hit on his back with its blunt portion. When Vishwanath Thakur and Arun Kumar Sharma started to take cash Rs. 29.285/- cheque and bag, which were on the chowki, Ramesh Sharma made protest on which Amresh Kumar Pankaj with an intention to kill attacked on him through farsa which caused injury on his right shoulder. Several persons gathered then he could save his life. When Vishwanath Thakur and Arun Kumar Sharma started to take cash Rs. 29.285/- cheque and bag, which were on the chowki, Ramesh Sharma made protest on which Amresh Kumar Pankaj with an intention to kill attacked on him through farsa which caused injury on his right shoulder. Several persons gathered then he could save his life. He has further stated that Rajiv Sharma (not examined) arranged the jeep on which both the injured were carried to Muzaffarpur Hospital because the accused persons had blocked the road. This witness has further stated in paragraphs-20 and 21 of his cross-examination that he raised hullah then accused fled away. At that time, Mahendra Chaudhary (PW 12), Shyam Kumar Sharma (PW 8) and others came there, while Udai Kumar Thakur and Braj Kishore (PW 1) were present from before. The ladies came out from the house after moving the accused from there. 15. PW 10, Nilu Devi (Sharma) is the wife of the injured, Kameshwar Sharma (PW 2). She has stated in his evidence that the occurrence took place on 17.9.1996 at about 7.30 a.m. On hearing hullah, she came at her door and saw that her husband and brother-in-law, Ramesh Prasad Sharma (PW 5) were doing the paper works of L.I.C. At that time, Vishwananth Thakur armed with spear, Sachidanand Sharma armed with pistol, Kamal Sharma and Amresh Kumar Pankaj armed with farsa, Ramanand Sharma and Arun Kumar Sharma armed with lathi came there. Kamal Sharma attacked at her husband through farsa but the same did not hit him. Sachidanand Sharma fired shot through pistol but the same did not hit to anyone. Amresh Kumar Pankaj gave a farsa blow which hit on the right shoulder of her brother-in-law (PW 5), who became unconscious. Accused made protest to carry her brother-in-law to the hospital. Several persons came there and made request, then accused permitted her brother-in-law to move for treatment. Ramanand Sharma and Vidyanand Sharma also caused injury to her husband. At that time, Vishwanath Thakur took cash Rs. 30,000/-. This witness has further stated that her brother-in-law was carried at the Sadar Hospital, Muzaffarpur by a Jeep, where he was treated. This witness has further stated in paragraph-15 of her cross-examination that she had gone to the Sadar Hospital, Muzaffarpur, with her brother-in-law. At that time, Vishwanath Thakur took cash Rs. 30,000/-. This witness has further stated that her brother-in-law was carried at the Sadar Hospital, Muzaffarpur by a Jeep, where he was treated. This witness has further stated in paragraph-15 of her cross-examination that she had gone to the Sadar Hospital, Muzaffarpur, with her brother-in-law. This witness has further stated that she left the hospital after two days but she did not know when her brother-in-law regained his consciousness. From the evidence of this witness it appears that she has claimed to be eyewitness to the occurrence but PW 3, Sundeshwar Sharma, who is her brother-in-law and is also the brother of PWs 5 and 2, has specifically stated in his cross-examination at paragraph-21 that after moving of the accused persons, ladies came out from the house. As such, from the evidence of PW 3 as detailed in paragraph-21, it appears that PW 10 is not an eye-witness to the occurrence. 16. PW 11 is Dr. Nagendra Prasad Sinha, Medical Officer of Orthopedics, Sadar Hospital, Muzaffarpur. He has stated in his evidence that on 17.9.1996 at Sadar Hospital. Muzaffarpur, vide Surgical Indoor No. 715, he examined Ramesh Prasad Sharma (PW 5), son of Late Ram Baran Sharma of village-Dharmagatpur Bathua, P.S. Pusa, District Samastipur and found the following injuries on his person : (i) Incised Semi lunar wound over right scapula 8" X 4" X upto lung (air coming out through wound) with scapula cut (X-ray right scapular A/P lateral and X-ray chest A/P view showing fracture on right scapula. (ii) Swelling right knee joint 3" X 2". (iii) Swelling left scapular region 3" X 2". The time of injuries was within six hours from first examination. Injury No.(i) was caused by sharp cutting weapon whereas injury Nos. (ii) and (iii) were caused by hard and blunt substance such as farsa and lathi respectively. Injury No.(i) was grievous and dangerous to life whereas injury Nos. (ii) and (iii) were simple in nature. This witness has further stated that on 17.9.1996 at about 09.05 a.m., he also examined Kameshwar Sharma (PW 2) aged about 35 years, son of Late Ram Baran Sharma of village-Dharmagatpur Bathua. P.S. Pusa, District-Samastipur, vide Surgical Indoor No. 716, and found the following injuries on his person : (I) Swelling 4" X 3" with abrasion at top 1" X ½" over right leg middle third laterally. P.S. Pusa, District-Samastipur, vide Surgical Indoor No. 716, and found the following injuries on his person : (I) Swelling 4" X 3" with abrasion at top 1" X ½" over right leg middle third laterally. (II) Swelling left calf 3" X 3" with abrasion on lower part with size 2" X 1/8". (III) Swelling left thigh lower 3rd with red echymosis over anterior aspect 4" X 4". (IV) Swelling right thigh lower and middle third junction 2" X 2" with abrasion on top 1/4" X 1/4". (V) Swelling chest anterior and posteriorly at 3" X 3" each over middle third. (VI) Swelling lumbosacral spine 2" X 2". Time of injuries was within six hours from first examination. All the injuries were simple in nature and caused by hard and blunt substance such as lathi. This witness has proved the injury reports dated 5.10.1996 of both the injured as Exts.5 and 6 respectively. This witness has further stated in his cross-examination in paragraph-2 that lungs are surrounded by semi circular cage of ribs. This witness has further stated in paragraph-3 of his cross-examination that there is covering of pleura over the lungs and before receiving the injury at lungs, there may be injury at pleura. This witness has further stated that there was no fracture of ribs in case of Ramesh Sharma (PW 5). This witness has further stated that scapula consists of three parts. He did not mention that on which part the injury was found. He has also stated that lung was collapsed. He did not mention in which part of lung injury was found. This witness has further stated that X-ray plate of injury is not before him. This witness has denied the suggestion in his cross-examination that his injury report is collusive and was prepared under the pressure of Ram Narayan Tiwary Dresser. 17. PW 14. Kapildeo Singh is the Investigating Officer of the case. He has stated in his evidence that in 1996 he was posted at Pusa Police Station. Fardbeyan of Ramesh Prasad Sharma (PW 5), son of Late Ram Baran Sharma of village Dharmgatpur Bathua, P.S. Pusa, District Samastiur was received from Sadar Police Station, Muzaffarpur. On that basis Tajpur (Pusa) P.S. Case No. 314 of 1996 was instituted on 20.9.1996 against the named accused and investigation of the case was handed over to him by the Officer Incharge of the police station. On that basis Tajpur (Pusa) P.S. Case No. 314 of 1996 was instituted on 20.9.1996 against the named accused and investigation of the case was handed over to him by the Officer Incharge of the police station. During investigation, he visited and inspected the place of occurrence in presence of Sundeshwar Sharma (PW 3), the brother of the informant (PW 5). The place of occurrence is the varamdah and darwaja of the house of the informant, which is in North direction in village-Dharmgatpur Bathua, P.S. Pusa, District- Samastipur. In front of the darwaja, there is soiling road, in East and West direction. After the road, in East there is house of Ram Mohan Sharma and in West there is house of the accused. Ramanand Sharma and others. He also found the blood stained soil rubbished by legs. He also received the blood stained clothes of the injured and prepared the seizure list in presence of the witnesses, Mahendra Chaudhary (PW 12) and Shyam Kumar Sharma (PW 8). This witness has further stated that he recorded the statements of Most. Banarsi Devi (PW 13), Sundeshwar Sharma (PW 3), Mahendra Choudhary (PW 12), Braj Kishore Prasad Singh (PW 1), Udai Kumar Sharma (not examined), injured Ramesh Prasad Sharma (PW 5) and injured Kameshwar Sharma (PW 2). This witness has further stated that he also recorded the statement of Chhotelal Manjhi, P.S.L of Muzaffarpur (Town) Police Station who had recorded the fardbeyan of the informant. Ram Prasad Sharma (PW 5). This witness has further stated, that on 26.4.1997 due to his transfer he handed over the charge of the investigation of the case to the Officer Incharge. This witness has further stated in his cross-examination that while he has stated in the case diary that the blood which was seen at the place of occurrence was rubbished by leg but he has not mentioned that the blood stained soil was not in a position to collect. This witness has also stated in paragraph-12 of his cross-examination that he has not found the cup, plate, chairs and documents at the place of occurrence and he has also not found the fired cartridge there. This witness has further stated in paragraph-22 of his cross-examination that fardbeyan was forwarded from Muzaffarpur on 17.9.1996 but he is unaware that where the fardbeyan was kept on 18.9.1996 and 19.9.1996. This witness has further stated in paragraph-22 of his cross-examination that fardbeyan was forwarded from Muzaffarpur on 17.9.1996 but he is unaware that where the fardbeyan was kept on 18.9.1996 and 19.9.1996. He has also stated that it may take 1-1/2-2 hours to cover the distance in between Muzaffarpur (Town) Police Station and Pusa Police Station. This witness has also denied the suggestion of the defence that the fardbeyan of Ramesh Prasad Sharma (PW 5) was not recorded on 17.9.1996. This witness has further stated that the witness, Braj Kishore Prasad Singh (PW 1) is resident of village Kunauli and he had recorded his statement at village-Dharmagatpur as he was present there at the time of his visit at the place of occurrence. This witness has further stated that the witness, Kameshwar Sharma (PW 2), has not stated before him in his statement that when he and his brother were being carried for treatment, accused, Vishwanath Thakur and Sachidanand Sharma blocked the road of Samastipur, Tajpur, Pusa, then both were carried towards Muzaffarpur and at that time, accused also started pelting stones and bricks on the Jeep. This witness has further stated that Nilu Devi (PW 10) has not stated in her statement that the accused persons did not allow to carry her brother-in-law (PW 5) to the Hospital and on the request of the people accused permitted to carry her brother-in-law to the hospital. 18. Learned counsel for the appellants referring the fardbeyan of the informant, Ramesh Prasad Sharma (PW 5), paragraph-30 of the evidence of Kameshwar Sharma (PW 2) and paragraph-15 of the evidence of Nilu Devi (PW 10) made submission that it would appear from the fardbeyan of the informant (PW 5) that his fardbeyan was recorded by P.S.I. Chhoteylal Manjhi (not examined) of Muzaffarpur (Town) Police Station on 17.9.1996 at about 5.15 p.m. in Sadar Hospital, Muzaffarpur, and the same has been received at Tajpur Police Station on 20.9.1996 but there is no explanation regarding withholding the said fardbeyan for three days. PW 2, Kameshwar Sharma, who is the brother of the informant and also injured and was also admitted at Sadar Hospital, Muzaffarpur, has stated in his evidence at paragraph-30 that his brother, Ramesh Prasad Sharma (PW 5) regained his consciousness on 19.9.1996 at 5.30 p.m. while he was admitted in the morning at about 9 a.m. After regaining the consciousness his fardbeyan was recorded in the evening at about 5.30 p.m. PW 10, Nilu Devi, who is the sister-in-law of the informant, Ramesh Prasad Sharma (PW 5) has stated in paragraph 15 of her evidence that she had gone to the Hospital with her brother-in-law and stayed there for two days and returned thereafter but she could not state that when PW 5 regained his consciousness. The statement of PWs 2 and 10 clearly indicates that the fardbeyan of PW 5 as alleged to be recorded by Chhotelal Manjhi, P.S.I. of Muzaffapur (Town) Police Station, at Sadar Hospital, Muzaffarpur, on 17.9.1996 at about 5.15 p.m. is antedated and, as such, the whole prosecution case becomes doubtful. Referring the paragraphs-9, 22, 23 and 24 of the evidence of PW 2, it has further been submitted by the learned counsel for the appellants that PW 2 has admitted in his evidence in paragraph-9 that his phupha resident of village-Sheikhpur was the dresser in the Sadar Hospital, Muzaffarpur. This witness has further stated in paragraph-22 that from his village, Pusa Hospital is situated in North at the distance of six kilometers, Tajpur Hospital is situated at the distance of six kilometers in South and Sadar Hospital, Samastipur is situated at the distance of 12-13 kilometers in East. As such, if the informant (PW 5), who sustained grievous injury during the occurrence should have approached Sadar Hospital, Samastipur, which is at the distance of 12-13 kilometers but both the injured had been taken to Sadar Hospital, Muzaffarpur, situated at the distance of 32 kilometers from their village, where phupha of PW 2 was posted as dresser, which creates serious doubt about the genuineness of injury reports Exts.5 and 6 of PWs 5 and 2. Learned counsel for the appellants further submitted that PW 11, Dr. Learned counsel for the appellants further submitted that PW 11, Dr. Nagendra Prasad Sinha, has found the injury on the person of the injured Ramesh Prasad Sharma (PW 5) Incised Semilunar wound over right scapula 8" X 4" X upto lung (air coming out through wound) with scapula cut but he has stated in his cross-examination that there was no fracture of ribs of Ramesh Prasad Sharma and his lung was collapsed. If any person sustained such type of injury, definitely, he will succumb to that injury soon after receiving the same, which also creates doubt about the veracity of the prosecution case, with respect to genuineness of the injury report (Ext.5) of PW 5. Learned counsel for the appellants further made submission that while there is specific case of the informant (PW 5) in his fardbeyan that he sustained farsa injury on his back caused by Kamal Sharma but after procuring the injury report (Ext.5), the prosecution witnesses in their evidence, in Court have stated that Kamal Sharma had given farsa blow at PW 5 but the same hit on his back with its blunt portion, the same also creates a doubt about the prosecution case as alleged in the fardbeyan by PW 5. 19. On the other hand, learned A.P.P. for the State made submission that though there are some contradictions in the evidence of the prosecution witnesses but the same are not vital in nature. The prosecution witnesses have fully supported the prosecution case regarding the injuries caused by the appellants to the injured. As such, the learned trial Court has rightly convicted and sentenced the appellants through the impugned judgment and order. 20. From perusal of the fardbeyan and the evidence of the witnesses in the light of the submissions of the learned counsel for the parties, it appears that fardbeyan of Ramesh Prasad Sharma (PW 5) was recorded on 17.9.1996 at 5.15 p.m. at Sadar Hospital, Muzaffarpur by P.S.I., Chhoteylal Manjhi, Muzaffarpur (Town) Police Station and the same was received at Tajpur Police Station under Samastipur District on 20.9.1996. The P.S.I. Chhoteylal Manjhi has not been examined in this case. The P.S.I. Chhoteylal Manjhi has not been examined in this case. PW 14, Kapildeo Singh, who is the Investigating Officer of the case, in his evidence in paragraph-22 has stated that fardbeyan of PW 5 was forwarded by Muzaffarpur Police Station on 17.9.1996 but he has no knowledge that where the fardbeyan was kept on 18.9.1996 and 19.9.1996. PW 2, Kameshwar Sharma, who is injured and also the brother of the informant, Ramesh Prasad Sharma (PW 5), has stated in his evidence in paragraph-30 that his brother, Ramesh Prasad Sharma (PW 5) regained his consciousness on 19.9.1996 in the evening at about 5.30 p.m. while he was admitted in the morning at 9 a.m. After regaining consciousness, his brother, Ramesh Prasad Sharma (PW 5), gave his statement at 5.30 p.m. in the evening. PW 12, Nilu Devi. who is the wife of Kameshwar Sharma (PW 2) and is sister-in-law of Ramesh Prasad Sharma (PW 5) has also stated in her evidence in paragraph-15 that she had gone alongwith her brother-in-law, Ramesh Prasad Sharma (PW 5) to the hospital and stayed there for two days and returned thereafter to the house but she did not know when Ramesh Prasad Sharma (PW 5) regained his consciousness. The aforesaid evidence creates serious doubt about recording the fardbeyan of PW 5 on 17.9.1996 at 5.15 p.m. and is indicative of the fact that the fardbeyan is antedated. PW 2, Kameshwar Sharma, in paragraph-9 of his evidence has stated that his phupha, who is a resident of Sheikhpur was dresser at Sadar Hospital, Muzaffarpur. This witness has further stated in paragraph-22 of his evidence that from his village, Pusa Hospital is situated at the distance of 6 kilometers in North, Tajpur Hospital is situated at the distance six kilometers in South and Sadar Hospital, Samastipur, is situated at the distance of 12-13 kilometers in East. This witness has further stated in paragraph-20 of his evidence that the accused persons had blocked the road of Samastipur, Tajpur and Pusa hospitals and due to that reason he and his brother were carried to Muzaffarpur hospital situated at the distance of 32 kilometers. PW 2, Kameshwar Sharma, also denied the suggestion of defence to the effect that he had not stated in his statement before the police that the accused blocked the road of Samstipur hospital, Pusa hospital and Tajpur hospital, then villagers carried at Muzaffarpur. PW 2, Kameshwar Sharma, also denied the suggestion of defence to the effect that he had not stated in his statement before the police that the accused blocked the road of Samstipur hospital, Pusa hospital and Tajpur hospital, then villagers carried at Muzaffarpur. PW 14, Investigating Officer, in paragraph-39 of his evidence has stated that PW 2 has not stated in his statement before him that when they were being carried by the villagers for treatment, accused persons blocked the road of Samastipur, Tajpur, Pusa and then they were brought to Muzaffarpur. It appears that this witness has stated in his evidence for the first time in Court only to justify about the treatment at Muzaffarpur Sadar Hospital, where his phupha was posted as dresser. From the evidence of PW 11, Dr. Nagendra Prasad Sinha, who examined the informant (PW 5) and his brother (PW 2), it appears that he examined both the injured on 17.9.1996 but the injury reports. Exts.5 and 6, go to show that injury reports have been prepared on police requisition on 5.10.1996, after 18 days of the occurrence, and in the injury report (Ext.5) of PW 5, the time of examination of injured has also not been detailed while the time' of injury is detailed within six hours from first examination. The aforesaid infirmity creates doubt about the genuineness of the injury report (Ext.5) in the surrounding circumstances. 21. In view of the aforesaid facts and the circumstances of the case and the discussions made above. I am of the view that the prosecution has not been able to prove its case against the appellants beyond reasonable doubt and the appellants are entitled to get, the benefit of doubt. 22. In the result, the impugned judgment of conviction and order of sentence hereby set aside and these four appeals are allowed. The appellants, who are on bail, are discharged from the liabilities of their bail bonds. Appeal allowed.