Criminal Appeal (SJ) No.55 OF 1996 (Appeal against the Judgment and Order dated 23.3.1996 passed by the 9th Additional Sessions Judge, Patna, in Sessions Trial No. 263 of 1992) ------------ 1. DHARMA @ DHARAMDEO SAO 2. ARUN SAO 3. HARDEO SAO 4. BALO @ BALI SAO @ BALDEO SAO ALL SONS OF MUNSHI SAO, RESIDENT OF DANKI IMALI, P.S. ALAMGANJ, DISTT. PATNA – 7 -------------APPELLANT Versus THE STATE OF BIHAR ------------RESPONDENT ------------- For the Appellants : Mr. Anjani Kumar Saran, Adv. For the State : Mr. Binod Bihari Singh, 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 324 of the Indian Penal Code and sentenced to rigorous imprisonment for two years by a Judgment dated 23.3.1996 passed by the 9th Additional Sessions Judge, Patna, in Sessions Trial No. 263 of 1992. 2. The case of the prosecution according to PW-6 Chandra Bhushan Kumar is that on 14.12.1991 while he was going to play in a certain Akhara, he saw the accused person variously assaulting Manoj Kumar on account of which he was severely injured and moved to the Hospital for treatment. Charge was initially framed under Section 307 of the Indian Penal Code but the Appellants were acquitted of the same and convicted as mentioned above. 2 3. During trial, the prosecution examined six witnesses out of which PW-6 is the Informant who was declared hostile along with PW-3 and PW-4. PW-7 is the formal witness who proved the injury report of the injured. PW-2 is the injured whereas PW-1 is his father. 4. No doubt, PW-2 has orally corroborated the fact of his assault by the accused persons but it is difficult to sustain the conviction of the Appellants only on the oral evidence in the absence of the corroborative evidence of the Doctor. 5. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in Sessions Trial No. 263 of 1992 by the 9th Additional Sessions Judge, Patna, 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 20th June, 2011 NAFR/S.ALI