Criminal Appeal (SJ) No. 40 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Kishori Sah, S/o Late Garbhu Sao. 2. Salim Kunjra, S/o Habib @ Habib Mian, Both R/o Village Khaira, P.S.-Khaira, In the district of Jamui.. --------(Appellants) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellant s : None. For the State : Mr. C. Jawahar, APP. ************ P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************* Anjana Prakash, J. No one appears on behalf of the appellants. Both the appellants have been convicted under Section 307 IPC and sentenced to eight years RI and in addition appellant No. 1 has been convicted under Section 4 of the Dowry Prohibition Act and sentenced to one year RI which was to run separately by the 2nd Additional Sessions Judge, Jamui in Session Case No. 69 of 1993 by judgment dated 21.01.1994. The prosecution case is that the informant P.W. 2 was married to the appellant No. 1 but due to marital differences she was carried, on the date of occurrence, to a forest area and an attempt was made to throttle her to death and she was assaulted by the stones by two persons. During trial as many as seven witnesses were examined but P.Ws. 1, 4, 6 and 7 turned hostile whereas P.W. 5 was tendered. So in effect only P.W. 2 the informant and P.W. 3 remained as witness even P.W. 2 during the course of the examination stated that the person who had 2 assaulted here were not present in Court and therefore she did not support the prosecution case and she was also declared hostile. P.W. 3 merely stated about the fact that the P.W. 2 had left in the company of the appellants. In view of the discussion made above, I have no option but to acquit the appellants for want of sufficient evidence. In the result, the appeal is allowed and the judgment dated 21.01.1994 passed by the 2nd Additional Sessions Judge, Jamui in Session Case No. 69 of 1993 is set aside. The appellants are discharged of their liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th March, 2011. NAFR/Vikash/-