Criminal Appeal No.59 OF 1995 (S.J.) [Appeal against the judgment and order dated 31.3.1995 passed by the 1st Additional Sessions Judge, Saharsa in Sessions case No.27 of 1990] DHANPAT SHAH SON OF LATE SHRI JANAK SHAH OF VILLAGE KASHMAHI, P.S. SALKHUA, P.O. SARBELLA, DISTRICT SAHARSA ……………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Basudeo Sinha, Advocate For the Respondent : Mr. Suraj Pd. Singh, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.323 I.P.C. and sentenced to R.I. for six months by the 1st Additional Sessions Judge, Saharsa in Sessions case No.27 of 1990 by a judgment dated 31.3.1995. The case of the prosecution is that on 7.4.1988 when the informant was fencing his land which was a subject of dispute between the parties, the appellant in the course of an altercation assaulted one Kari Lall Yadav with spade, on account of which he fell down. The rest of the accused persons assaulted the other injured persons. During trial the prosecution has examined eight witnesses on its behalf. Out of whom, P.W.3, P.W.4 and P.W.6 have deposed as eye witnesses. P.W.7 and P.W.8 are formal in nature, whereas P.W.1 has been declared hostile. P.W.2 and - 2 - P.W.5 are tendered witnesses. Neither the doctor nor the Investigating Officer has been examined by the prosecution. The admitted position is that there was a counter version of the occurrence and the defence has examined two witnesses on its behalf to bring on record the fact that the prosecution party was accused in the counter version which has been committed to the court of Sessions and in fact later on a compromise had been effected between the parties, on account of which the prosecution party was acquitted. Admittedly even in this case they have compromised the matter which has been conceded by the eye witnesses in their cross examination. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 31.3.1995 passed by the 1st Additional Sessions Judge, Saharsa in Sessions case No.27 of 1990 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 26th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )