Criminal Appeal (SJ) No. 112 OF 1996 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Rajdeep Sharma. 2. Jagdep Sharma, Both sons of Late Siri Sharma. Resident of Village-Kasimpur, P.S.-Nauhatta, District-Saharsa. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Anil Kumar Mukund, Adv. For the State : Mr. Choubey Jawahar, 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 Section 325 IPC and sentenced to RI for three years by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 8/93 by a judgment dated 21.05.1996. 2. The case of the prosecution is that on 25.05.1991 while the informant was sitting at the house of Moti Sharma in his house between 1-1.30 P.M. the accused persons came there and started removing his banana fruits and when they protested they abused their mother and assaulted her with lathis on account of which she sustained fracture on her leg. 3. During trial the prosecution in all examined seven witnesses out of whom P.W. 2, P.W. 3 and P.W. 4 are eye witnesses whereas P.W. 1 is a formal witness who has proved the injury report vide Exhibits 1 2 and 1/B. P.W. 7 is also a formal witness who has proved the case diary since the Investigating Officer was not examined in the present case. 4. I find that neither the Doctor nor the Investigating Officer have been examined who alone could have corroborated the prosecution case as to the manner of occurrence and the nature of injuries sustained by the injured. 5. Under the circumstances, this appeal is allowed and the judgment dated 21.05.1996 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 8/93 is, hereby, set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 24th June, 2011. NAFR/Vikash/-