CRIMINAL APPEAL NO.65 OF 1994 ******** Against the judgment and order dated 4.2.1994 passed in Sessions Trial No. 407/1987 by the learned Sessions Judge, West Champaran, Bettiah. ****** SUBHAN MIAN S/O BHOLA MIAN R/O VILLAGE- PARSA DUMARIA, P.S. MAJHAULIA, DISTRICT- WEST CHAMPARAN ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Dhananjay Kumar Adv. For the State : Mr. R.B. Roy 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 I.P.C. and sentenced to 3 years rigorous imprisonment by a judgment dated 4.2.1994 by the learned Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 407/1987. 2. The prosecution case is that on account of some branches having been cut off from certain tree, the victim was carried away and assaulted with a bhala blow on the stomach. The appellant was charged under Section 307 I.P.C. but he was convicted under Section 326 I.P.C. 3. In the present case the prosecution examined P.W.1, 2 and P.W.3 in support of the prosecution case on the manner of occurrence where as P.W.4 deposed as the Doctor who had examined the injured and had found grievous injury on the stomach of the injured. It appears that the Investigating Officer was not examined and the defence of the appellants was that in fact there was a dispute between the parties over a deed of gift who had led to a land dispute between the parties and the present case has been instituted to wreak vengeance. In support he examined D.W.1, D.W.2 , D.W.3 and brought on record the documents in regard to the same. 4. Considering the entire conspectus of the case and on going through the evidence of the witnesses who have materially contradicted themselves, and also that the manner and genesis of the occurrence appears to be unreliable, I am inclined to allow the appeal. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by the learned Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 407/1987 by the judgment dated 4.2.1994 is hereby set aside and he is acquitted of his respective charges. The appellant is discharged for the liabilities from their respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.