Criminal Appeal (SJ) No. 284 OF 1994 ******** Against the judgment and order of conviction dated 31.8.1994 passed in Sessions Trial No. 5 of 1986 by the learned 3rd Addl. Sessions Judge, Saran, Chapra. ****** 1. TEGAN PRASAD SINHA @ AMAR KUMAR SINHA S/O SUKHDEO PD. SINHA R/O VILLAGE- SOBHAPUR, P.S. PARSA, DISTRICT- SARAN 2. RAJAN SINHA @ RAJESHWAR KUMAR S/O SUKHDEO PRASAD SINHA R/O VILLAGE-SOBHAPUR, P.S. PARSA, DISTRICT- SARAN ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Dineshwar Mishra Adv. Mr. Surendra Mishra Mr. H.N. Singh For the State : A.M. Pd. Mehta APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant no.1 has been convicted under Section 326 I.P.C. and sentenced to rigorous imprisonment for 4 years whereas the appellant no.2 has been convicted under Section 324 I.P.C. and sentenced to 2 years rigorous imprisonment in Sessions Trial No. 5 of 1986 by 3rd Additional Sessions Judge by the judgment dated 31.8.1994. 2. The prosecution case is that on 28.7.1983 when the informant was working in the field, the accused persons came there and attempted to damage the crops which was protested by the informant upon which the appellant no.1 is said to have given knife blow on the informant at the back. When the brother of the informant intervened, appellant no.2 is said to have given bhala blow on him. 3. The prosecution to prove its case examined 9 witnesses out of whom P.W. 1,2,3,4,5 and 6 are material witnesses whereas P.W. 8 and 9 are the doctor whereas P.W. 7 is formal. The defence also examined one witness. 4. On going through the evidence of material witnesses, I find that they have contradicted each other on the manner of occurrence as well as the place of occurrence under which circumstances, it is difficult to accept the prosecution case having been proved beyond all reasonable doubts. 5. In the result, the appeal is allowed and conviction and sentenced of the appellants passed by learned 3rd Additional Sessions Judge, in Sessions Trial No. 5 of 1986 by the judgment dated 31.8.1994 are hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 5th April, 2011 NAFR/ Fahad.