Criminal Appeal (SJ) No.74 OF 1994 ******** Against the judgment and order of conviction dated 16.2.1994 passed in Sessions Trial No. 46/83/20/90 by the learned 1st Additional Sessions Judge, Begusarai. ****** 1. NATHO PASWAN S/O BINOD PASWAN 2. BAL KRISHNA SINGH S/O SURAJ SINGH 3. RAM ADHAR PASWAN S/O RAMDEO PASWAN 4. KANT PASWAN @ KANT LAL PASWAN S/O RAM KISHUN PASWAN 5. ARUN PASWAN S/O BALESHWAR PASWAN 6. SHYAM NATH SINGH S/O BHAGWAT SINGH ALL R/O VILLAGE BANDUAR, P.S. MUFASSIL, DISTRICT- BEGUSARAI ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Dr. Amrendra Kumar No.1 For the State : Indu Bala Pandey APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 324/149 I.P.C. and sentenced to 2 years rigorous imprisonment by the 1st Additional Sessions Judge, Begusarai in Sessions Trial No. 46/83/20/90, after holding that the charge under Section 307 I.P.C. and 307/149 I.P.C. was not made out against the accused persons. 2. The case of the prosecution is that on 23.11.1981 at 4.30 p.m. when the informant gone to his fields the accused persons variously came there and thereafter the appellant no.1 and 5 assaulted him on the back of his neck with the spade blow whereas the rest of the accused persons assaulted him by the lathis. 3. The prosecution examined 9 witnesses whereas the defence examined 2 witnesses. From the evidence of the witnesses it appears that all of them were interested and also that there is long standing litigations between the parties over a certain piece of land which had led to the aforesaid incident. The doctor P.W. 6 found three injuries on the injured but it appears that all of them are simple in nature. 4. Considering the background of the case, the appeal is allowed and conviction and sentence of the appellants passed on 16.2.1994 by the Ist Addl. Sessions Judge, Begusarai in Sessions Trial No. 46 of 1983/20 of 1990 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 28th March, 2011 NAFR/ Fahad.