Criminal Appeal (SJ) No.152 OF 1994 (Appeal against the Judgment and Order dated 28.5.1994 passed by the 3rd Additional Sessions Judge, Madhepura, in Sessions Trial No. 257 of 1986) 1. NARESH MEHTA 2. NAND KISHORE MEHTA 3. SANT KUMAR MEHTA ALL SONS OF LATE RAMDHARI MEHTA, ALL OF VILLAGE PHULOUT, P.S. CHOUSA, DISTT. MADHEPURA. ------- APPELLANTS. Versus THE STATE OF BIHAR -------RESPONDENT For the Appellants : Mr. Radheyshyam Prasad, Advocate. For the State : Mr. Pronoti Singh, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J: Heard. The Appellants have been convicted under Sections 325/34 of the Indian Penal Code and sentenced for four years rigorous imprisonment whereas Appellant No. 1 has been convicted under Section 379 of the Indian Penal Code and sentenced to rigorous imprisonment in addition by the 3rd Additional Sessions Judge, Madhepura, by a Judgment dated 28.5.1984 passed in Sessions Trial No. 257 of 1986. The case of the prosecution is that on 24.8.1984 when the Informant was gone into registration office, the accused persons surrounded him and assaulted indiscriminately with lathi and when one Mukeshwar Mehta came to his rescue, he was given an arrow blow on his chest. The Appellant No. 1 also committed theft of 7,000/- rupees 2 which the Informant was carrying at the time of occurrence. The prosecution in all, examined three witnesses out of whom PW-1 is an eye witness whereas PW-3 is a formal witness and PW-2 is an Informant himself. Admittedly, PW-2 is the uncle of PW-1 and, therefore, an interested witness. The injured Mukteshwar who has seen to have sustained an arrow blow on his chest was not examined by the prosecution nor has the Doctor been examined. In absence of any independent corroboration of the prosecution case by way of examination of the Doctor and the Investigating Officer, it would be unsafe to rely on the testimony of the two interested witnesses. In the result, the Appellants are given benefit of doubts and acquitted of the charges. The Appeal is allowed. The order of conviction and sentence passed against the Appellants in Sessions Trial No. 257 of 1986 by the 3rd Additional Sessions Judge, Madhepura, is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna. Dated, the 7th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)