Criminal Appeal (S.J.) No. 301 of 1997 (Appeal against the Judgment and Order dated 12.9.1997 passed by the 1st Additional Sessions Judge, Saran at Chapra, in Sessions Trial No. 448 of 1986) ------------ 1. SHEO CHARAN BHAGAT, SON OF RAMASHISH BHAGAT 2. HARI SHANKAR BHAGAT, SON OF RAMA ASHRAY BHAGAT 3. RAM CHANDRA BHAGAT, SON OF RAMASHISH BHAGAT ALL RESIDENT OF VILLAGE – BRAHMPUR, P.S. BHAGWAN BAZAR, DISTT. SARAN (CHAPRA). ------- APPELLANTS. Versus THE STATE OF BIHAR ------- RESPONDENT. ---------- For the Appellant : None For the State : Ms. Gulnar Begum, A.P.P. ---------- P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The Appellants have been convicted under Section 323 of the Indian Penal Code and sentenced to rigorous imprisonment for six months in Sessions Trial No. 448 of 1986 by a Judgment dated 12.9.1997 passed by the 1st Additional Session Judge, Saran at Chapra. 2. The case of the prosecution according to Jai Kishun Bhagat is that on 24.6.1986, suddenly the accused persons came to his well and started altercating with the Informant over taking of water from the rope and also assaulted him on account of which he injured. 3. During trial, the prosecution examined five witnesses but neither the Doctor nor the Investigating Officer was examined. Out of five witnesses, PW-3 Bhikhar Bhagat is one of the injured whereas PW-1 and PW-2 have been examined as eye witness. PW-4 is the mother of the Informant and PW-5 is the Informant. According to the Informant (PW-5) that he made an enquiry from the accused Ramchandra Bhagat about Patna High Court CR. APP (SJ) No.301 of 1997 dt.11-07-2011 2 missing of the rope, he admitted that he had taken away the rope and after sometimes when he came with the rope, the Informant naturally demanded the same but the accused Ramchandra Bhagat refused to give it. He later returned along with the other two accused persons and assaulted him. When his mother and his cousin Bhikhar Bhagat came to save him, they were also assaulted. 4. However, even though, the five eye witnesses had consistently stated that the accused persons variously assaulted the three injured but in the absence of any corroborative medical evidence, this Court finds it difficult to sustain the conviction of the Appellants only on the ocular testimony. 5. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in Sessions Trial No. 448 of 1986 by the 1st Additional Sessions Judge, Saran at Chapra, is hereby set aside. 6. The Appellants are discharged from the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 11th July, 2011. NAFR/S.ALI.