IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.265 of 2010 MAHESH SINGH, son of Late Baldeo Singh, Resident of Village and P.O.-Salarpur, P.S.-Parbatta, District- Khagaria. …….Appellant Versus The State Of Bihar …….Respondent For the appellant : Sri. Sumant Singh For the State : Sri. D.K. Sinha, A.P.P. ORDER 02 05.03.2010 After hearing learned counsel for the appellant and learned counsel for the State, the appeal is being disposed off at the stage of admission itself. The appellant has been convicted and sentenced on 2nd of February, 2010 in Sessions Case No. 221 of 2008 arising out of Parbatta P.S. Case No. 213 of 2007, G.R. No. 1381 of 2007 whereby the appellant was held guilty under Section 302/34 and 201/34 of the Indian Penal Code and he has been sentenced to undergo R.I. for life under Section 302/34 of the Indian Penal Code with a fine of Rs. 10,000/- and in default of payment of fine, to undergo additional one year imprisonment. No separate sentence has been imposed under Section 201/34 I.P.C. Ext. 3 was recorded on the basis of fardbeyan of P.W. 10 who is a Chaukidar. The fardbeyan was recorded 2 after recovery of dead body of a girl who was daughter of the appellant Mahesh Singh. It was alleged that she has been murdered. From the judgment, it appears that altogether 12 persons were examined as a witness on behalf of the prosecution. P.W. 1 is Chandradeo Singh, P.W. 2 is Yogendra Singh, P.W. 3 is Gulab Chaudhary, P.W. 4 is Kumod Chaudhary, P.W. 5 is Sudhanshu Kumar, P.W. 6 is Bhuneshwar Prasad Singh, P.W. 7 is Pinku Kumar Singh, P.W. 8 is Mantu Kumar Singh, P.W. 9 is Umesh Singh, P.W. 10, is Ashok Paswan, P.W. 11 is Mritunjay Kumar, P.W. 12 is Sanjay Kumar. Post mortem report of the deceased is Ext. 1, signature of the informant on the fardbeyan is Ext. 2, Ext. 3 is the fardbeyan, Ext. 4 is the endorsement of fardbeyan, Ext. 5 is formal F.I.R., Ext. 6 is carbon copy of inquest report and Ext. 7 is the confessional statement of accused Mahesh Singh. All the witnesses except the official witnesses have been declared hostile. The conviction has been passed only relying upon the provision of Section 106 of the Evidence Act. We have analyzed the judgment minutely and we find that not even one witness has supported any part of the prosecution version against the appellant. As such, the judgment of conviction and sentence is fit to be set aside. In the result, this appeal is allowed and the 3 judgment of conviction and sentence passed in Sessions Case No. 221 of 2008 arising out of Parbatta P.S. Case No. 213/07, G.R. No. 1381/07 by the Sessions Judge, Khagaria is set aside. The appellant is acquitted from the charges. The appellant, who is reported to be in custody, is ordered to be released forthwith if not required in any other case. Shageer (Shyam Kishore Sharma, J) (Dinesh Kumar Singh, J)