Criminal Appeal (SJ) No.154 OF 1995 (Appeal against the Judgment and Order dated 15.7.1995 passed by the IIIrd Additional District and Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 458 of 1994/153 of 1994.) RAM PRIT JAMADAR @ RAM PRIT BELDAR, SON OF DASAI JAMADAR, RESIDENT OF VILLAGE BANKEY BIGHA BELDARIA, P.S. EKANGARSARAI, DISTT. NALANDA. ------- APPELLANT. Versus THE STATE OF BIHAR --------RESPONDENT. For the Appellant : Mr. A.K. Thakur, Advocate. Mrs. Babita Kumari, Advocate For the State : Mr. Nand Kishor, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years passed by the IIIrd Additional District and Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 458 of 1994/153 of 1994 by a Judgment dated 15.6.1995. The case of the prosecution is that a dacoity was committed in the house of the Informant between the nights of 15/16.11. 1993 by the Appellant as well as some unknown persons. During trial the prosecution examined four witnesses out of whom PW-4 is the Investigating Officer whereas PW-3 has been declared hostile. PW-1 is the mother of the Informant 2 on the factum of dacoity whereas PW-2 is the Informant and the sole witness with regard to the implication of the Appellant. From the evidence of the Informant (PW-2), it appears that he had conceded that if he went to the Police Station, he did not disclose the name of the Appellant at the earliest instance and in fact, he named him later on. He also conceded that the accused used to come to his village to work in the house of one Kishore Prasad as a labourer and, therefore, was well known to him. Under the said circumstances, the evidence of PW-2 who is the sole witness on the point of complicity of the Appellant is fit to be rejected. In view of the discussions made above, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Sessions Trial No. 458 of 1994/153 of 1994 by the 3rd Additional District & Sessions Judge, Nalanda, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 18th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)