Criminal Appeal (SJ) No. 3 OF 1995 ******** Against the judgment and order of conviction dated 26.11.1994 passed in Sessions Trial No. 204 of 1987 by the learned 2nd Additional Sessions Judge, Sitamarhi. ****** 1. RAM SAGAR RAI S/O KULDIP RAI 2. RAM EKWAL SAH, S/O RAMBAHAPUR SAH BOTH R/O VILLAGE TIKAULI, P.S.- RANI SAIDPUR, DISTRICT- SITAMARHI. ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Dinn Kumar Adv. : Mr. Shiw Kumar Prabhakar Adv For the State : Mr. Madan Kumar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant no.1 has been convicted under Section 147 I.P.C. and sentenced to rigorous imprisonment for 2 years and a fine of Rs. 1000/- for the offence under Section 354 I.P.C. The appellant no.2 has been convicted under Section 147 I.P.C. and sentenced to rigorous imprisonment for 1 year by learned 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 204 of 1987 by the judgment dated 26.11.1994. 2. The case of the prosecution is that the accused persons charged the mother of the informant with being a witch and responsible for the death of a child and misbehaved with her. 3. The prosecution in all examined 8 witnesses out of whom P.W. 2 and 3 are the sons of Pawan Devi, P.W. 1 is the informant and brother of P.W.2 and 3, P.w. 4 is the husband of Pawan Devi and P.W. 5 and 6 are said to be neighbour, P.W.7 has been tendered, P.W. 8 is the mother of the informant Pawan Devi, P.W. 5 is the formal witness. Neither the doctor nor the Investigating Officer has been examined. 4. From the evidence of these witnesses, I find that there is no material to support the allegations under Section 354 I.P.C. even accepting the prosecution case in its entirety. 5. Under the circumstances the appeal is partly allowed and the appellants are acquitted of the charge under Section 354 I.P.C. but convicted under Section 147 I.P.C. However, the appellants shall be released with due admonition under Section 360 (3) Cr.P.C. on execution of a bond of Rs. 2000/- with two sureities of the like amount each for one year for keeping good peace and good behaviour. 6. With these modifications, the appeal is partly allowed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 22nd April, 2011 NAFR/ Fahad.