(1.) Both the appellants have faced trial on the charge of causing death of two persons, namely, Bhim Yadav and Basuki Yadav; the appellant No. 1, namely, Rohit Goswami has been charged under section 302/34 IPC and under section 109 IPC whereas against the appellant No. 2, namely, Baliya Turi charge under section 302 IPC has been framed.
(2.) On the basis of fardbeyan of Nandkishor Pasi recorded on 3.5.2005, Jirwabari P.S. case No. 62 of 2005 has been lodged under section 302/34 IPC against the accused-appellants. During the trial, the prosecution has examined altogether 9 witnesses; the informant and his wife are the eye witnesses.
(3.) Dr. Jawahar Khan who has been examined as PW-4 has found the following injuries on Bhim Yadav: