Criminal Appeal (SJ) No. 196 OF 1997 Against the judgment and order dated 22.07.1997 passed by Sri Arun Dhwaj Prasad Singh, 9th Additional Sessions Judge, Bhojpur, Ara in S.Tr. No. 257/89. ************ 1. Barmeshwar Nath Singh @ Barmeshwar Singh, S/o Nandlal Singh. 2. Nandlal Singh, S/o Late Gorakh Nath Singh. 3. Ramdayal Singh, S/o Laxman Singh. All are resident of Village-Behra, P.S.-Arrah Mofussil, District-Bhojpur. ……(Appellants) Versus THE STATE OF BIHAR-------(Opposite Party) With Criminal Appeal (SJ) No. 238 of 1997 Lakshman Singh, S/o Late Gorakh Nath Singh, Resident of Village-Behra, P.S.-Arrah Mofussil, District-Bhojpur. Versus The State of Bihar-------Respondent. ************* For the Appellants : Mr. Chakradhari Sharan Singh, Sr. Adv. : Mr. Alok Kumar Singh, Adv. For the State : Ms. Renu Kumari, APP. : Mrs. Madhuri Lata, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. 1. The appellants No. 1 and 2 of Criminal Appeal (SJ) No. 196 of 1997 have been convicted under Section 326 IPC and sentenced to RI for five years whereas appellant No. 3 has been convicted under Sections 324 and 323 IPC and released on probation of good conduct on executing a bond of Rs. 20,000/- for a period of one year whereas appellant Lakshman Singh of Ciminal Appeal (SJ) No. 238 of 1997 has been convicted under Section 326/109 IPC and sentenced to RI for two years by the 9th Additional Sessions Judge, Bhojpur, Arrah in S.Tr. No. 257/89 by a judgment dated 22.07.1997. 2 2. The case of the prosecution according to the informant Harendra Kumar Singh is that while he along with his uncle Ram Pravesh Singh was taking bath at his boring on 22.06.1988 at about 11 A.M. the accused persons variously armed were seen chasing their cow which was protested at which the accused persons were enraged and they started assaulting his brother Ashok Singh. When his uncle Ram Parvesh Singh intervened he was also assaulted by the accused persons. 3. The defence of the accused was that in fact there was a counter-version of the occurrence for which Ara Mufasil P.S. Case No. 74/88 has been instituted by the appellant Barmeshwar Singh against the informant, his brother, uncle and others they had also been injured in the transaction. To prove this the accused exhibited Exhibits A, B, C and D. 4. The prosecution to prove its case examined six witnesses out of whom P.W. 1, P.W. 2 and P.W. 3 are the three eye witnesses whereas P.W. 4 is a tendered witness. P.W. 5 is the Investigating Officer whereas P.W. 6 is the Doctor who examined both the prosecution party as well as the accused persons. 5. On going through the evidence of P.W. 1, Baban Singh, the uncle of the informant, I find that he has stated that he was assaulted by appellant Lakshman Singh with bhala and Manoj Singh with lathi but P.W. 6 the Doctor did not find any bhala injury and all the five injuries found on his person were simple in nature. P.W. 2, Harendra Kumar 3 Singh the informant has stated that appellant Nandlal Singh gave a bhala blow on the chest of Ram Parvesh Singh, P.W. 3 when he attempted to lift him he was assaulted by Barmeshwar Singh with bhala on his back. P.W. 3 Ram Parvesh Singh was assaulted by Nandlal Singh with a barcha on the right side of his chest which is totally contradictory. The Investigating Officer, P.W. 5 had found that in fact the cow of the prosecution had damaged the crops of the accused and that was the genesis of the occurrence. 6. In the backdrop of existence of a counter- case evidently the Prosecution case has to be scrutinized with due care and caution. None of the witnesses have explained the injuries on the person of the accused persons which makes their evidence highly unreliable. This Court therefore is inclined to believe that the prosecution has not come up with the true version and has in fact suppressed the same. 7. In the result, the appeals are allowed and the judgment dated 22.07.1997 passed by the 9th Additional Sessions Judge, Bhojpur, Arrah in S.Tr. No. 257/89 is, hereby, set aside. The appellants are acquitted of the charges and discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 13th July, 2011. NAFR/Vikash/-