1 IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present: The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 684 of 2007 Baidya Nath Jana & Ors. -Vs- The State of West Bengal For the Appellants : Mr. Amal Krishna Samanta For the State : Mr. Binay Panda Mr. S. Bhakat Heard on : 05.03.2024, 01.05.2024, 04.07.2024 Judgment on : 08.05.2025 Ananya Bandyopadhyay, J.:- 1. This appeal is preferred against the judgment and order dated 21.09.2007 passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Tamluk, Purba Medinipur in Sessions Trial No.3(08)04 arising out of Sessions Case No.40(02)04 thereby convicting the appellant no.1 under Section 325 of the Indian Penal Code and sentenced to undergo 6 months rigorous imprisonment and to pay a fine of Rs.1000/- in default further undergo rigorous imprisonment for 1 month. Appellant no.2 and appellant no.3 were sentenced to pay a fine of Rs.500/- each and in default further 2 undergo rigorous imprisonment for 15 days each for the commission of offence under Section 323 of the Indian Penal Code. 2. The prosecution case precisely stated on 22.04.1999 corresponding to 8th Baishakh 1406 B.S. at about 03:30 p.m., at village – Baharpota, all the appellants on the issue of plucking mangoes from Dag No.1874 attacked upon Dilip Jana and when Haribala Jana came to rescue she was also assaulted on her abdomen. When other relatives Ganesh Jana and Ranjit Jana came to rescue hearing hue and cry those accused persons had the common intention to assault and they assaulted them too. Baidyanath Jana Assaulted to Ganesh Jana with iron rod and when Ranjit Jana came to rescue he was also assaulted by Baidyanath Jana by means of iron rod. Local people took them to Petpur BPHC for treatment and when the condition was deteriorated Ranjit Jana was taken to Tamluk S.D. Hospital. Kartik Jana informed the incident to Panskura P.s. but police took no step. Hence, that case against the appellants had been filed. 3. On the basis of the aforesaid complaint, the instant case being Panskura Police Station Case No.113 of 1999 dated 23.09.1999 under Sections 323/324/307 of the Indian Penal Code was initiated for investigation against the appellants. 4. On the conclusion of the investigation, the Investigating Officer of the case submitted a charge-sheet against the appellants. After completion of investigation, the police submitted charge-sheet against the appellants to which they pleaded not guilty and claimed to be tried. 3 5. In order to prove its case, the prosecution examined as many as 14 witnesses and exhibited certain documents. 6. The Learned Advocate representing the appellants submitted as follows:- i. The Learned Judge failed to apply his judicial mind properly and minutely at the time of passing the impugned order and judgment and as such the conviction and sentence was liable to be set aside. ii. The Learned Judge did not appreciate that the injuries of the appellant side (accused persons) counter case and most of the prosecution witnesses were interested and as such the entire judgment and conviction was defective. iii. The Learned Judge did not consider the long standing dispute between the parties and as also the prosecution witnesses and as such there was a shadow of doubtness in the entire procedure. iv. There were maximum contradiction in the depositions of the prosecution witnesses and as such the order and judgment on the basis of said witnesses was liable to be set aside. v. The Learned Judge failed to appreciate that place of occurrence was in the possession of the appellants and the entrance of victim in the said plot was very much questionable. vi. No neighbouring witness were examined and as such the order and judgment on the basis of the interested witnesses was bad-in-law. vii. The injuries, statement about injury and weapons used were very much contradicted from the depositions and as such the order and judgment was liable to be set aside. 4 7. The Learned Advocate representing the State submitted that the prosecution was able to prove its case based on corroborative evidence of the prosecution witnesses supported by the medical evidence and the appeal shall be dismissed. 8. A circumspection of the prosecution witnesses revealed that :– i. PW-1 deposed that the incident took place about some years ago on 8th day of Baisakh at about 03:00/03:30 p.m. At that time hearing shouting of his nephew, elder brother’s Ranjit and Hira Bala Jana (wife of his brother) rushed to the P.O. (Kolibari) situated within 20/25 cubics of his house. Going there they found that Baidyanath Jana was assaulting his nephew Dilip Jana by a piece of brick. As the local P.S. did not take any proper steps against the accused persons he came to the Court and filed a Court complaint under Section 156 (3) of Cr.P.C. It was the said complaint written as per his instructions which was marked as Exbt.-1. During investigation he was examined by the police at Tamluk S.D. Hospital where he was admitted and treated. ii. During his cross-examination stated that he could not recall whether he stated in his written complaint (F.I.R.) that the accused person at that time started saying “ai salader prane mere debo”. Thereafter the accused Biadhyanath Jana brought an iron rod from his house situated within 20/25 cubics from the P.O. or then Bidyanath Jana assaulted on his head by the said iron rod or when Ranjit Jana came to rescue him then Baidyanath Jana also 5 assaulted Ranjit by the said iron rod on the left eye-brow and again on the right eye-brow for which he and Ranjit Jana sustained severe bleeding injury due to such assault by Baidyanath Jana or thereafter he became senseless or when he regained his sense he found himself on the Pitpur Block Primary Health Centre. iii. PW-2 deposed that Ganesh Jana was his brother. The incident took place on 8th day of Baisakh about some years ago at about 03:00/03:30 p.m. Hearing one sound they went to Kalabari (P.O.) situated within 20/25 cubics away from his house. Going there they found that Baidyanath jana was assaulting by throwing piece of bricks to his nephew Dilip Jana. Himself, Ganesh Jana and Hira Bala Jana went to the P.O. when they protested to Baidyanath Jana then accused persons Baidyanath Jana, Biswanath Jana and Gopal Jana started assaulting them. At first accused Biswanath Jana catching hold of the hair of Hira Bala Jana caused her to fall down then accused Gopal assaulted Hira Bala Jana by kicks on her abdomen. During investigation he was examined by the police at Tamluk S.D. Hospital where he was admitted and treated. He narrated the incident to the police. iv. During his cross-examination stated that subsequently he was not examined by Darogababu. He did not state to police. There was no survey relating to the question of Kolabari. They had not handed over any document showing that they possessed the Kolabari and the mango tree therein. 6 v. PW-3 deposed that the incident took place some years ago at about 03:00/03:30 p.m. He was plucking mangoes from one of their mango trees situated within 10 cubics from his house and the said mango tree and the place named Kalabari was their own land and possessed by their land and tree. As he was plucking mangoes accused Baidyanath Jana assaulted his by piece of bricks on his body. He shouted. Hearing his shouting his mother Hira Bala came to the P.O., then accused Biswanath Jana caught hold of his mother caused her to fall on the ground and then accused Gopal Jana assaulted on her abdomen by kicks. Then accused Baidyanath Jana, Biswanath Jana, and Gopal Jana started assaulting his uncles and his mother by fists and blows. Then Baidyanath told that “Jibane Sesh Kore Debo”. vi. During his cross-examination stated that he was examined by police during investigation of that case. He stated to police that the accused Baidyanath Jana assaulted on head of his one uncle Ganesh Jana on his head and further assaulted his another uncle Ranjit Jana on both side of his eye-brow by iron rod. He also stated to the police that Baidyanath assaulted him on his body by piece of bricks. He stated to police that accused Biswanath Jana caught hold of his mother and caused her to fall on the ground and accused Gopal Jana assaulted his mother on her abdomen by kicks. 7 vii. PW-4 deposed that she heard loud shouting of her son, she came out and went to the Kalabari and found that accused Baidyanath Jana was assaulting her son by a piece of brick. She tried to rescue him. Then accused Biswanath Jana catching hold of her hair caused to fall down on the ground. Accused Gopal assaulted on her abdomen by kick. Then her brother-in-law’s Ganesh Jana and Ranjit Jana came there to rescue her. Then all the accused persons started assaulting them by fists and blows. Accused Baidyanath also started saying (Jibane mere felbo). Thereafter all the 3 accused persons left from their house. viii. PW-5 deposed that he was working in his house at that time and he heard loud shouting. He rushed to the Kalabari of Ganesh Jana which was situated within 30/35 cubic away from his house. Going there he found that Dilip Jana was plucking mango from the trees and accused Baidyanath was assaulting him by a piece of brick. He also found that Hira Bala Jana there protesting as to why Baidyanath was assaulting Dilip. Then accused Biswanath Jana catching hold of hair of Hira Bala pushed her down on the ground and then accused Gopal Jana assaulted Hira Bala by kicks on her body, abdomen, etc. Then Ganesh Jana and Ranjit jana came there. Then accused persons also started assaulting Ganesh Jana and Ranjit Jana and Hira Bala by fists and blows. Then accused Biadyanath Jana told “O Sala der Prane mere felbo” and he then rushed to his house and thereafter he found that Baidyanath Jana 8 again came there by bringing one iron rod from his house and assaulted on the head of Ganesh Jana and also assaulted on the forehead portion of Ranjit Jana twice. ix. PW-6 deposed that at the time after sleeping and awakening up he came out from his house and heard loud sound and he hearing the same, he went to the premises of Kartik Jana and Ganesh Jana. The house of Kartik Jana and Ganesh Jana were situated about 100 cubics away from his house. On the way he heard from others that some Marpits took place and also heard that Ranjit Jana and Ganesh Jana were assaulted. However, he went ahead. Going to the premises of them probably he found that one Biswanath Jana was running away with lathi. He also found that Ganesh Jana and Ranjit Jana were lying on the ground near a mango tree of Kalabari and they sustained bleeding injury and profuse bloods were going out from their persons. x. PW-7 deposed that hearing shouting he went to Kalabari of Ganesh Jana, Hira Bala on the ground by catching hold of her hair and accused Gopal Jana was assaulting her by kicks on her abdomen and accused Baidyanath Jana was assaulting Hira Bala by blows. Immediately thereafter Ganesh Jana, Ranjit Jana rushed to that place and started protesting then Baidyanath Jana, Biswanath Jana and Gopal Jana started assaulting them also by fists and blows and thereafter the accused persons told that (Oder Prane Mere Felbo) and thereafter all of those accused persons were 9 running away to their house which was situated about 25 cubics away from the P.O. Then accused Baidyanath Jana brought the iron rod and assaulted on the head of Ganesh Jana and also assaulted on the eye-brows of Ranjit Jana. Both of them sustained bleeding injuries. xi. PW-8 deposed that Kartick Jana, Ganesh Jana and Ranjit Jana were his brothers. Hira Bala Jana was his elder brother's wife. Dilip Jana was his nephew. The incident took place about some years ago in the month of Baisakh at 3/3-30 p.m. while he was going to the field for collecting paddy at that time he found Baidyanath was coming out in a running condition saying “Prane Mere Debo” with an iron rod with his hand. He was also going side by side of him. Thereafter he found that Baidyanath went to Kalabari in that manner and suddenly assaulted on the head. Immediately thereafter accused Baidyanath also assaulted Ranjit Jana by the said iron rod of both sides of his eye-brows. He found profuse bleeding coming out from the head of Ganesh Jana and from the said place of eye-blows of Ranjit Jana. He also find that Hira Bala was also lying on the ground in a trembling condition. Thereafter he also found that accused persons was running away and at that time he further found that accused Biswanath Jana was also running away with a bamboo lathi in his hand. xii. PW-9 deposed that Dilip Jana was his brother and Hira Bala Jana was his mother. The incident took place some years ago in summer 10 season (Baisakh) at about 3/3-30 p.m. The incident took place over plucking of mangoes. His brother Dilip was plucking those mangoes from a mango tree situated at Kalabari owned and possessed by them. When he went to Kalabari place he found that his mother was lying on the ground in a trembling condition then his uncle Ranjit Jana came to rescue his mother. He also found that Baidyanath then assaulted Ranjit by iron rod on his head. The witness then says that accused Baidyanath assaulted Ganesh Jana on his head by an iron rod and also assaulted Ranjit, on both of his eye-brows. xiii. During his cross-examination stated that when he was in his house he saw from his house that his uncles were assaulted by the accused persons. Seeing that he rushed to the place of occurrence. Thereafter the accused persons fled away to their houses. Several persons such as 20/25 villagers assembled thereafter the incident. But they did not go to the house of accused persons. During investigation police examined him. xiv. PW-10 deposed that the dispute regarding plucking of mangoes by Dilip by throwing bricks. Then mother of Dilip namely Hira Bala Jana came to rescue Dilip and at that time accused Biswanath Jana caused her to fall on the ground by catching hold of her hair. Accused Gopal Jana assaulted Hira Bala by kicks on her abdomen. The accused persons assaulted Ganesh Jana, Ranjit Jana also by fists and blows. 11 xv. PW-11 deposed that on 03.05.99 he was posted as Officer-in- Charge at Panskura P.S. and upon receipt of a complaint on one Ganesh Jana and after received of an order of the then Ld. A.C.J.M., Tamluk he started Panskura P.S. Case No.113/99 dated 23.08.99 under Sections 323/324/307 of the I.P.C. His endorsement on the written complaint and formal F.I.R., marked as Exbt.-2 & Exbt.-3 respectively. xvi. PW-12 deposed that on 22.04.99 also he was work as a Pharmacist at Uttar Mechhogram Block Health Centre. At that time Dr. Annindra Chakraborty was posted as a medical officer in their said health centre as per summons from that Court. He had been authorized and directed by B.M.O.H., of their Uttar Mechhogram B.P.H.C., to bring and produce the injury registered of the relevant period and accordingly he had brought the original injury registered of their B.P.H.C. on that relevant purpose which was marked as Exbt.-3. xvii. PW-13 deposed that on 22.04.99 he was posted as a medical officer at Uttar Mechhogram B.P.H.C. On that day he was examined one Hira Rani Jana. The injured was sent by O.C., of Panskuar P.S. to the hospital. Upon examination he found the following injuries on the body of the patient:- a) Tenderness and swelling over right infra auxiliary area. b) Tenderness over the left jaw. 12 History of assault on 22.04.99 at 03:30 p.m. that the carbon copy of said injury reported prepared in the same mechanical process written, marked as Exbt.-4. On the same time he also examined one Sri Ganesh Jana in the hospital and found the following injuries:- a) Cut injury 2” X ¼” over the left parietal area scalp. b) Tenderness over right lower ribs. Nature of injury by sharp and blunt edge. The patient was referred to Sub-Divisional Hospital, Tamluk/Ghatal. He also examined on the same time on Ranjit Jana and found the following injuries: a) Cut injury 1-1/2” X ¼” deep above right eye-brow. b) Another cut injury 1” X 1/6” deep below left eye-lid. c) Tenderness over lower lumber vertebrae. The injury report of Ganesh Jana and Ranjit Jana prepared in the same mechanical process written and signed by him which was marked as Exbt.-5. xviii. During his cross-examination stated that the injuries which he noted on the patient Ganesh Jana, Ranjit Jana and Smt. Hira Rani Jana were simple in nature. But with regard to the injury of Ranjit Jana he mentioned that his injury appears to be simple but to be ascertained after ophthalmic examination report. He had not noted any name of assailants as nothing had been told to him to that effect by those patients. The sharp edge lathi of which he had 13 mentioned in his examination-in-chief as the cause of injury was not produced or any type of such instrument was not produced before him. Lacerated injury could be caused by any blunt object like lathi cut injury was generally caused by any sharp cutting weapon like knife etc. xix. PW-14 deposed that on 23.08.99 he was posted at Panskura P.S. At that time S.I. Dipak Sarkar was Officer-in-charge of the P.S. On that day upon receipt of a Court complaint case from the then Ld. A.C.J.M., Tamluk lodged by one Ganesh Jana of Village Baharpota, P.S. Panskura the then O.C. S.I. Dipak Sarkar started the instant Panskura P.S. Case no. 113/99 dated 23.08.99 under Sections 323/324/ 307 of I.P.C. Thereafter he handed over the case to him for investigation. Accordingly he took up investigation of the case. During investigation he visited P.O. and drew up rough sketch map of the P.O. The P.O. was actually Ejmali Bastu land of both the complainant as well as the accused persons of Mouza – Baharporta. The said rough sketch of the P.O. along with Index prepared written and signed by him, marked as Exbt.-6. After completion of investigation he submitted charge-sheet against three accused persons praying for their trial for the offence under Sections 323/324/307 of I.P.C. xx. During cross-examination stated that he did not seize any documents regarding Ejmali Bastu land of the P.O. There was no note in the C.D. as to why he examined Dilip Jana, Smt. Hira 14 Jana, Ranjit Jana, Ratan Jana and Kartik Jana after so many days on 26.08.99. He had not prepared any nil seizure list to show that in spite of his best endeavor by visiting their house on 23.08.99 and on 26.08.99 he could not arrest the accused persons. 9. PW-1 deposed that the incident occurred on 8th day of Baisakh at about 3/3:30 P.M on hearing a commotion namely of his nephew elder brother Ranjit Jana and Hirabala Jana (wife of his brother). He proceeded to the place of occurrence at Kolibari/Kalabari situated approximately 20/25 cubics from his house. Upon reaching the spot, he witnessed appellant Baidyanath Jana assaulting Dilip Jana by throwing bricks at him. On the failure of the local police to take any action, he filed a complaint under Section 156(3) of the Code of Criminal Procedure marked as Exhibit-1. He was examined by the police at Tamluk S.D. Hospital wherein he was admitted for treatment. He had specifically alleged Biswanath Jana who had caught hold of the hair of Hirabala Jana and threw her on the ground following which Gopal Jana assaulted her by delivering kicks at her abdomen. PW-1 in his cross-examination stated to have not been subsequently examined by the Police Officer referred to as ‘Darogababu’. He also clarified to have not produced any survey documents pertaining to the ownership of disputed mango tree at Kolibari nor was any such document presented to the police. He admitted that a survey had not been conducted to determine the possession from ownership of the land to which the disputed mango tree had been in existence. 15 10. PW-2 deposed Ganesh Jana was his brother. On the date of incident, he was plucking mangoes from the tree locate at Kolibari being the place of occurrence. During such act, the appellant Baidyanath Jana allegedly assaulted him with a brick. On hearing his cries, his mother Hirabala Jana (PW-4) rushed to the scene of the incident. She saw appellant Baidyanath Jana continuing to assault PW-2 and as she attempted to intervene, the appellant Baidyanath Jana caught hold of her hair and pushed her to the ground subsequently being assaulted by Gopal Jana on her abdomen by kicks. 11. The testimony of PW-2 was corroborated by the evidence of PW-3 stating to have heard loud shouts and rushed to the scene where he found the appellant Biswanath Jana throwing bricks at her brother. The escalation of the intensity of dispute was confirmed by his deposition wherein he described how the appellant Biswanath Jana held his mother causing her to fall being thereafter assaulted by Gopal Jana on her abdomen. PW-3 further affirmed that Ganesh Jana and Ranjit Jana being his uncles had arrived to intervene only to be subjected to severe assault by the appellants. Baidyanath Jana used an iron rod to strike at the heads of both Ganesh Jana and Ranjit Jana leading to profuse bleeding. 12. PW-4 had not only been the victim but also the eye-witness. She deposed to have heard her son Dilip (PW-2) to clamour for help while plucking mangoes when she reached the spot of incident, she witnessed Baidyanath attacking her son throwing a brick at him. PW-4 tried to protect her son and in the 16 process Biswanath Jana grabbed her hair, threw her to the ground and Gopal began to kick her on her abdomen. 13. The testimony of PW-4 was corroborated by that of PW-5 who described as to how he rushed to the place of occurrence after hearing the commotion and found the victim Dilip (PW-2) being assaulted with bricks. He further reiterated and corroborated the evidence of PW-4 to have been assaulted by Biswanath and Gopal as aforesaid. 14. PW-6 on hearing the commotion went to the scene at the premises of Kartick Jana and Ganesh Jana and observed Biswanath to escape with a lathi. He also observed Ganesh Jana and Ranjit Jana on the ground, severely injured. Both the victims were found bleeding from their heads and faces allegedly struck by Baidyanath with an iron rod. 15. PW-6’s testimony aligned with that of PW-7 who also arrived at the scene and witnessed the violence. PW-7 too had seen the appellant Biswanath Jana fleeing after the assault. PW-7 testified to have found both the victims on the ground trembling as a consequence of the injuries sustained by them which included cuts and bruises indicative of blunt, force, trauma. 16. PW-8 and PW-9 provided corroborative testimonies describing the narrative as to how they on hearing the shouts reached the spot and witnessed the victims in a severely injured state. Ganesh Jana and Ranjit Jana were lying on the ground and Hiralal was still reeling from the injuries inflicted by the appellants. According to PW-9 he saw a bamboo lathi in the hands of appellant Biswanath Jana which presumably might have contributed to the infliction of injuries sustained by the victims. 17 17. Further medical testimony was provided by PW-13 and PW-17 who had examined the victims after the incident. PW-13, the Medical Officer at Uttar Mechogram B.P.H.C. documented the following injuries sustained by the victims Ganesh Jana and Ranjit Jana:- a. Tenderness and swelling over right infra auxiliary area. b. Tenderness over the left jaw. History of assault on 22.04.99 at 03:30 p.m. that the carbon copy of said injury reported prepared in the same mechanical process written, marked as Exbt.-4. On the same time he also examined one Sri Ganesh Jana in the hospital and found the following injuries:- a. Cut injury 2” X ¼” over the left parietal area scalp. b. Tenderness over right lower ribs. Nature of injury by sharp and blunt edge. The patient was referred to Sub-Divisional Hospital, Tamluk/Ghatal. He also examined on the same time on Ranjit Jana and found the following injuries: a. Cut injury 1-1/2” X ¼” deep above right eye-brow. b. Another cut injury 1” X 1/6” deep below left eye-lid. c. Tenderness over lower lumber vertebrae. The injury report of Ganesh Jana and Ranjit Jana prepared in the same mechanical process written and signed by him which was marked as Exbt.-5. 18 18. The injuries were noted to be consistent with the effect of sharp and blunt object corroborating the assault with bricks and iron rod as described by the eye-witnesses. PW-11, the Officer-in-Charge at Panskura P.S. and PW-14 the Investigating Officer, affirmed the registration of the F.I.R. and the investigation into the matter. The Investigating Officer upon visiting the place of occurrence prepared a sketch map which was marked as Exhibit-6. PW-14 on completion of investigation submitted the charge-sheet against the three accused persons under Sections 323/324/307 of the Indian Penal Code. 19. Upon meticulous scrutiny of oral and documentary evidence adduced by the prosecution, it was manifest that the incident arose out of seemingly trivial but deeply contested issues, i.e., plucking of mangoes from a tree situated at Kolibari/Kalabari purportedly on the land claimed to be owned by complainant. The occurrence of the incident is rooted in rural animosity where question of land possession and familial pride are known to flare into serious physical confrontation. 20. The testimony of PW-3 disclosed while he was engaged in plucking of mangoes from a tree within 10 cubics of his home state he was assaulted with bricks by Baidyanath Jana. His cries for help immediately prompted his mother Hirabala Jana, i.e., PW-4 to appear at the spot of incident. Her attempts to rescue her son was thwarted as she was caught by her hair, pushed down, and thereafter kicked on her abdomen by Biswanath and Gopal Jana. The evidence of PW-4, a direct injured eyewitness concrete credibility to the prosecution case. Her narrative not only consistent to that 19 with PW-3 but also been corroborative to the testimony of PW-5, PW-6 and PW-7 all of whom had been the residents of the locality in the neighbourhood who had reached the place of occurrence having heard the commotion. 21. These witnesses consistently deposed that Ganesh Jana and Ranjit Jana, who came to intervene, were assaulted with iron rod by Baidyanath Jana causing bleeding injuries, particularly on their eyebrows and heads. 22. The prosecution narrative had been fortified by the corroboration from PW-9 and PW-10 who arrived at the place of occurrence subsequently, had witnessed the victim including Hirabala Jana, Ganesh Jana and Ranjit Jana trembling in the ground and bleeding profusely. The expression likely uttered by the appellant such as “jibone sesh kore debo” and “oder prane mere debo”, further indicated a premeditated and vicious intent to cause grievous hurt. 23. PW-13, the Medical Officer, examined injured persons and noted multiple injuries consistent with blunt and sharp trauma, described in the complaint and deposition of the prosecution witnesses. The injuries included cut wounds over parietal scalp, above and below eye, tenderness over jaw and ribs and bruise over the lumber region. The nature and location of the injuries were indicative of deliberate and targeted assault. 24. The presence of strong corroborative evidence of the injured eye-witnesses strengthened by the evidence of independent witnesses further endorsed by the medical evidence justified the edifice of the prosecution case which could not be shaken or negated by the absence of land documents regarding existence of mango tree on the disputed land, seizure of weapons through 20 proper seizure list which necessarily should not have diluted the otherwise cogent, trustworthy and credible testimony of the prosecution witnesses as cited above. 25. The evidence of prosecution witnesses had been scrutinized to be harmonious, spontaneous and free from material contradictions. The ocular account is buttressed by medical evidence and contemporaneous police documentation. The injuries sustained by the victims could not have been under any circumstances self-inflicted or accidental in nature. The overt acts attributed to each of the accused persons had been clear and conspicuously delineated. 26. Thus, upon a conjoint study of oral, medical and documentary evidence and considering the nature of injuries sustained and the specific attribution of role to each accused, this Court finds that the prosecution has succeeded in establishing its case and the Learned Trial Court after a reasoned order, convicted the appellants under Section 323/325 of the Indian Penal Code and this Court is not inclined to interfere with the same. 27. In view of the above discussions, the sentence is modified from Section 325 to Section 323 of the Indian Penal Code against appellant no.1 Baidya Nath Jana and appellant no.3 Gopal Jana. As the appellant no.2 Biswanath Jana expired on 17.05.2020, the instant appeal stands abated against him. 28. However, considering the gravity and intensity of the offence committed by the surviving appellants, the sentence is modified to the period of imprisonment undergone by the appellants. 21 29. Accordingly, the instant criminal appeal being CRA 684 of 2007 is disposed of. 30. Trial Court records along with a copy of this judgment be sent down at once to the Learned Trial Court for necessary action. 31. Photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all formalities. (Ananya Bandyopadhyay, J.)