Criminal Appeal No.145 OF 1996 (S.J.) [Appeal against the judgment and order dated 26.6.1996 passed by the 1st Additional Sessions Judge, Banka in Sessions Trial No.542 of 1993] MOJMA MIAN, SON OF ASHARFI MIAN, RESIDENT OF VILLAGE DHODHIATARI, POLICE STATION KATORIA, DISTRICT BANKA ………. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Subodh Kr. Jha Advocate Mr. Amrendra Kumar, Advocate Mr. Anjani Kumar, Advocate For the Respondent : Mr. A.M.P. Mehta, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.395 I.P.C. and sentenced to R.I. for seven years by the 1st Additional Sessions Judge, Banka in Sessions Trial No.542 of 1993 by a judgment dated 26.6.1996. 2. The case of the prosecution is that on the night of 24.4.1992 he woke up on strange noise whereafter the appellant took away 2000/- rupees and some documents with regard to the land and the informant and P.W.1 and P.W.3 were also tied by the accused persons. 3. During trial the prosecution in all examined six witnesses. Out of whom, P.W.1 and P.W.2 are the sons of the informant, whereas P.W.3 is the uncle of the informant. P.W.4 is the daughter of the informant and P.W.5 is the informant himself. P.W.6 is a formal witness. Neither the I.O. nor any independent - 2 - witness has been examined to corroborate the prosecution case. 4. The defence of the appellant was that he was of the same village and had been implicated on account of previous grudge. 5. On going through the evidence of the witnesses, I find that undoubtedly the appellant was co-villager and it does not stand to reason that he committed such an offence without taking pains to conceal his identity. Moreover, there has been no recovery from his possession and in absence of the examination of the Investigating Officer, who alone could have given details as to under what circumstances the appellant was arrested, I do not find it safe to sustain the conviction of the appellant. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 26.6.1996 by the 1st Additional Sessions Judge, Banka in Sessions Trial No.542 of 1993 is set aside. The appellant is discharged from the liability of his bail bond. Patna High Court Dated, 19th May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )