Criminal Appeal (SJ) No.234 OF 1994 Against the Judgment and order dated 7.5.1994 passed by Sri Narendra Kumar Lal, 1st Additional Sessions Judge, Siwan, in Sessions Trial No. 347/83. HARBANSH SINGH, S/O Mathura Singh, resident of Village- Jhajhawa, Police Station- Duraunda, District- Siwan. ---------(Appellant) Versus THE STATE OF BIHAR ---------(Respondent) For the appellant : Mr. Udit Narain Singh, Adv. For the State : Mr. Choubey Jawahar, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J. The appellant has been convicted under section 324 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year by the 1st Additional Sessions Judge, Siwan, in Sessions Trial No. 347/83. 2. According to the prosecution case the informant saw some persons cutting sesam tree the ownership of which was disputed. The appellant shot fire at the informant causing pellet injury on his chest and right hand. 3. The prosecution in all examined eleven witnesses out of whom P.Ws. 1,2,3 and 4 were chance witnesses and P.Ws. 5,6,7,8 and 9 have been declared hostile where as P.W. 10 is Doctor and P.W. 11 is investigating officer. With regard to the same occurrence a counter case was filed in which the prosecution also faced trial. 4. The simple submission behalf of the appellant is that admittedly the appellant had also sustained injury which was not 2 explained by any of the witnesses and absence of the same prosecution case should not be accepted as completely truthful. Further submission is that undoubtedly the appellant had received serious injury on their person for which injury reports by way of Exts. A and C were brought on record. 5. On this score alone, I am inclined to allow the appeal. 6. In the result, this appeal is allowed and the order of conviction and sentence passed against the appellant by the 1st Additional Sessions Judge, Siwan, in Sessions Trial No.347/83 by the judgment dated 7.5.1994 are hereby set aside and he is acquitted of his charge. The appellant is discharged from the liability of his bail bond. Patna High Court,Patna Dated the 1st April,2011. N.A.F.R./AnilKrSinha ( Anjana Prakash, J.)