Criminal Appeal (SJ) No. 94 OF 1995 ******** Against the judgment and order of conviction dated 24.5.1995 passed in Sessions Trial No. 414 of 1989 by the learned Ist Additional Sessions Judge, Sitamarhi. ****** 1. ABDUL SALAM S/O LATE NAIEM 2. MD. SALIM S/O ABDUL SALAM 3. KARI MIAN S/O HAROON 4. LADDU S/O HAROON 5. SHAUKAT ALI S/O WARIS ALI 6. WARIS ALI S/O MUKHAL 7. MUSTAQUE S/O FAZAR HUSSAIN 8. JUBAIR S/O AAINUL HAQUE 9. ALAM GIR S/O AMIRUL HUSSAN 10. BAKRID S/O MUKHAL 11. BHAGALU S/O HUSSAIN 12. NOORUL S/O AZIJ 13. MANAUR S/O ATAUR REHMAN 14. AMURUL S/O MUKHAL 15. MD. SHAKIL S/O JABIR 16. HARUN S/O ABDUL HALIM 17. KAILU S/O AZIZ 18. MD. AALE S/O AMIRUL HUSSAN 19. JABIR HUSAIN S/O SAMSUD ALL R/O VILLAGE- PANDAUL BUJURG, P.S.- NANPUR, DISTRICT- SITAMARHI ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Surya Kant Mishra Adv. For the State : Madhuri Lal APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant nos. 2, 3 and 4 have been convicted under Section 148 I.P.C. and ordered to pay a fine of Rs. 1000/- each in default of simple imprisonment for 2 months whereas the rest of the appellants have been convicted under Section 147 I.P.C. and sentenced to pay a fine of Rs. 500/- each and in default of simple imprisonment for 1 month by a judgment dated 24.5.1995 by the learned Ist Additional Sessions Judge, Sitamarhi passed in Sessions Trial No. 414 of 1989. 2. The case of the prosecution is that on 19.11.1988 the accused persons came upon the dalan of the informant and they assaulted Tahir Husain, Mostt. Hasina Khatoon, Motiur Rahman. After investigation charge sheet was submitted under Section 307 I.P.C. and the appellants were also charged for the offences under Section 307/149 I.P.C. and 323 I.P.C. 3. After close of trial the appellants were acquitted of the charges under Section 307, 149 and 323 I.P.C. and were convicted only under Section 148 I.P.C. 4. During trial the prosecution examined 8 witnesses in all out of whom P.W. 5 is the informant, P.W. 1 is his brother whereas P.W.3, P.W.4 and 6 are tendered witnesses and P.W. 2 is a formal witness, P.W.8 is the doctor and P.W.7 is the Investigating Officer, P.W.1, 3, 4 and 5 fully supported the case of the prosecution but on going through the evidence, I find that a major portion of the version narrated by them has been disbelieved by the court below as also that even though there was an allegation that Motiur Rehman and Hasina Khatoon were assaulted but they have not been examined. Similarly no injury was found on the person of Anzar. 5. In view of the substantial case of the prosecution having been disbelieved by the court below, I am not inclined to accept the prosecution case and, therefore, the conviction of the appellants cannot be sustained. 6. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellants by the learned Ist Additional Sessions Judge, Sitamarhi in Sessions Trial No. 414 of 1989 by the judgment dated 24.5.1995 are hereby set aside and they are acquitted of their respective charges. The appellants are discharged for the liabilities from their respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 18th April, 2011 NAFR/ Fahad.