Criminal Appeal (SJ) No. 364 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Binod Kumar Jha, S/o Krishna Nandan Panjikar, R/o Mohalla Kidwaipuri, P.S.- Kotwali in the District and town of Patna. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Ashrita Sinha, Adv. For the State : Mr. J.K. Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Sections 323 and 448 IPC and sentenced to RI for six months under both counts by a judgment dated 06.10.1994 passed by the Additional Sessions Judge-II, Patna in S.Tr. No. 460 of 1991. 2. The prosecution case is that when the informant was sleeping in his house on 02.12.1990 the appellant along with other co-accused persons came into his house and pressurized him into signing on a plain paper and when he refused to do so his neck was pressed on account of which he sustained some scratch injuries on his person. 3. During trial the prosecution in all examined eight witnesses out of whom P.W. 1 is the wife of the informant, P.W. 2 is the informant whereas P.W. 3 2 and P.W. 4 are other inmates of the house of the informant. 4. On behalf of the appellant four witnesses were examined on the point that on 01.12.1990 the informant had in fact indulged in assaulting the accused persons and belatedly the present case was instituted to screen themselves of the offence. P.W. 5 is the Doctor who had not prepared the injury report. P.W. 7 is the Doctor who had prepared the injury report but he did not substantiate the case of the prosecution similarly P.W. 8 also as a Doctor did not take the case of the prosecution any further. 5. On going through the evidence adduced on behalf of the prosecution one finds that there are serious infirmities in the prosecution case and in fact the defence version is probablized by objective witnesses. 6. In view of such, the appeal is allowed and the judgment dated 06.10.1994 passed by the Additional Sessions Judge-II, Patna in S.Tr. No. 460 of 1991 is set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 5th May, 2011. NAFR/Vikash/-