CRIMINAL APPEAL NO. 64 OF 1994 ******** Against the judgment and order of conviction dated 25.2.1994 passed in Sessions Trial No. 183/1990/52/1992 by 6th Addl. Sess. Judge, Chapra. ****** BISWANATH SINGH S/O SRI RAJENDRA SINGH R/O VILLAGE THAHARA, P.S. MAKAIR, DISTRICT- CHAPRA (SARAN) ……..….. Appellant Versus THE STATE OF BIHAR .………. Respondent ************ For the Appellant : Satish Kumar Sinha Adv. For the State : Mr. Choubey Jawahar 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 307 I.P.C. and sentenced to 10 years rigorous imprisonment by the 6th Addl. Sessions Judge, Chapra in Sessions Trial No. 183/1990/ 52/1992 by the judgment dated 25.2.1994. 2. The case of the prosecution is that on 1.11.1988 an altercation arose between the parties over the collection of wood from a certain piece of land in course of which the accused persons fired at the witnesses and set fire to their huts and ran away. 3. During trial the prosecution examined 9 witnesses out of whom p.w.2 is the informant whereas P.W.3,4,7 claimed to be injured and P.W. 6 doctor who examined P.W.4 where as P.W.9 and 10 are formal witnesses and P.W. 6 and other doctors who prove the x-ray reports. 4. On goring through the evidence on record, I find that in the facts of the case no offence under Section 307 I.P.C. is made out as also that the doctor opined that all the injuries were superficial and simple in nature. Since only interested witnesses have been examined and there is no corroboration through independent sources, I am inclined to allow this appeal for reasons stated above. 5. In view of such, the appeal is allowed and the order of conviction and sentence passed against the appellant by the 6th Addl. Sessions Judge, Chapra in Sessions Trial No. 183/1990/ 52/1992 by the judgment dated 25.2.1994 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 28th March, 2011 NAFR/ Fahad.