Criminal Appeal (SJ) No. 56 OF 1995 ******** Against the judgment and order of conviction dated 5.5.1995 passed in Tr. No. 907 of 1989 by the learned IInd Addl. Sessions Judge, Buxar. ****** 1. SHIVA KUMAR RAM @ SHEO KUMAR HARIZAN S/O PARSU HARIZAN 2. ANANT PRAKAS RAM @ ANANT PRAKAS HARIZAN S/O NATHUN HARIZAN 3. NATHUN HARIZAN S/O DUBARI HARIZAN 4. ISHWAR SHARAN HARIZAN S/O BATOHI HARIZAN 5. KANHAIYA HARIZAN S/O BATOHI HARIZAN ALL R/O VILLAGE- BISHUNPURA, P.S. ITARHI, DISTRICT- BHOJPUR ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Dr. Mritunjaya Kr. Gautam Adv. For the State : Mr. Binod Bihari APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant nos. 1,2 and 3 have been convicted under Section 436 I.P.C. and sentenced to rigorous imprisonment for 3 years whereas the appellant nos. 4 and 5 have been convicted under Section 436/34 I.P.C. and sentenced to 2 years rigorous imprisonment by the judgment dated 5.5.1995 passed by the IInd Addl. Sessions Judge, Buxar in Tr. NO. 907/89. 2. The prosecution case is that on the night of 13.10.1987 the accused person came to the hut of the informant and whereas the appellant nos. 1, 2 and 3 set fire on the hut of the informant rest of the 2 participated in such occurrence. 3. During trial the prosecution examined altogether 5 witnesses out of whom P.W.5 is the Investigating Officer whereas P.W.1 and 4 are the seizure witnesses. P.W.3 who is the informant and the sole important witness has conceded that he had named the accused persons on the basis of suspicion. 4. In view of such, the prosecution has failed to prove its case beyond all reasonable doubts. 5. In the result the appeal is allowed and conviction and sentence of the appellants passed by learned IInd Addl. Sessions Judge, Buxar by the judgment dated 5.5.1995 in Tr. No. 907/89 are hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 18th April, 2011 NAFR/ Fahad.