Criminal Appeal (SJ) No. 22 OF 1994 ******** Against the judgment and order of conviction dated 20.01.1994 passed in Sessions Trial No. 243 of 1988 by the learned 4th Addl. Sessions Judge, Vaishali at Hajipur. ****** JAWAHAR BHAGAT S/O NATHUNI BHAGAT R/O VILLAGE KUTUBPUR, SAIDPUR, P.S.- BIDUPUR, DISTRICT- VAISHALI ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Naresh Chandra Verma Adv. : Mr. L.K. Tiwary Adv. For the State : Renu Kumari APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 326 and 427 I.P.C. and sentenced to rigorous imprisonment for 5 years and a fine of Rs. 2000/- and sentence of 1 year rigorous imprisonment and a fine of Rs. 1000/- respectively by the judgment dated 20.01.1994 passed in Sessions Trial No. 243 of 1988 by the learned 4th Addl. Sessions Judge, Vaishali at Hajipur. 2. The prosecution case is that on 14.1.1988 a dispute arose between the parties on construction of a boundary wall in course of which the appellant is said to have given Farsa blow on the personof the informant. The disputed land was claimed by both the parties. 3. The prosecution in all examined six witnesses out of whom P.W.1, 2 and 4 who are the mother-in-law, brother-in-law and the husband of the informant have not been supported the case of the prosecution, P.W.3 is the informant and the sole witness to the occurrence. P.W.6 is the doctor who examined the injured whereas P.W.5 is the Investigating Officer. 4. In the light of the evidence of P.W. 1, 2 and 4 who are close family members of P.W.3, I am not inclined to accept the prosecution case in its entirety and the appellant entitled to benefit of doubt. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by the learned 4th Addl. Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 243 of 1988 by the judgment dated 20.01.1994 is hereby set aside and he is acquitted of his respective charges. The appellant is discharged for the liabilities from his respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 19th April, 2011 NAFR/ Fahad.