Cr. Appeal (SJ) No. 254 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Dibur Mian. 2. Usman Mian. 3. Mukhtar Mian. All Sons of Noor Mian. 4. Sahabuddin Mian. 5. Muharram Mian. All Sons of Katu Mian All R/o Village-Diplur, P.S.-Gangapuri, District-West Champaran. ---------(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Abhai Kumar Sharma, Adv. For the State : Mr. Anil Kumar Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants have been convicted under Sections 324, 148 and 323 and sentenced to RI for two years, one year and six months respectively and further the appellants No. 1, 3, 4 and 5 have been convicted under Section 147 IPC and sentenced to three months RI by the 1st Additional Sessions Judge, Bettiah in S.Tr. No. 513/87/26/95 by a judgment dated 18.09.1995. 2. The case of the prosecution is that on 26.09.1985 when the informant was guarding his fields the appellants variously armed arrived there and assaulted the informant and one Putur Rout and Chandradeo Sah. 3. The prosecution in all examined five witnesses out of whom P.W. 1, P.W. 2 and P.W. 3 are on 2 the factum of occurrence whereas P.W. 4 is formal and P.W. 5 is the Doctor who examined the two injured. 4. The Investigating Officer has not been examined by the prosecution and admittedly the present occurrence had taken place on account of land dispute for which a proceeding under Section 107 Cr.P.C. was pending between them. 5. In this background the objective evidence of the Investigating Officer and independent witnesses was essential so as to arrive at a conclusion that the prosecution had proved its case beyond all reasonable doubt. Unfortunately, the same has not been done and hence, I am inclined to allow this appeal and the judgment dated 18.09.1995 passed by the 1st Additional Sessions Judge, West Champaran, Bettiah in S.Tr. No. 513/87/26/95 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 25th April, 2011. NAFR/Vikash/-