Criminal Appeal (SJ) No.361 OF 1994 [Appeal against the judgment and order dated 22.9.1994 passed by the 2nd Additional Sessions Judge, Bhabua in Sessions Trial No.611/293 of 1992] NAGINA BIND, SON OF JOKHAN BIND, RESIDENT OF VILLAGE SIKARA, POLICE STATION SONHAN, DISTRICT KAIMUR, BHABUA …………………….. Appellant Versus THE STATE OF BIHAR ---------------------- Respondent For the Appellant : Mr. Ram Bachan Singh, Advocate Mr. Krishna Prasad, Advocate For the Respondent : Mr. Choubey Jawahar, 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 three months and also a fine of Rs.1000/-, out of which Rs.500/- was to be paid to the injured Harihar Bind, failing which a sentence of three months R.I. by a judgment dated 22.9.1994 passed by the 2nd Additional Sessions Judge, Bhabua in Sessions Trial No.611/293 of 1992. The prosecution case is that on 26.1.1992 a Panchayati was held between the parties on account of an earlier dispute, in which the appellant was also called, but he refused to do so and instead he assaulted the injured P.W.1. During trial, the prosecution has examined ten witnesses in all. Out of whom, P.W.1 is the informant, whereas P.W.2 is the cousin of P.W.1 and P.W.3 is the wife of P.W.1 and P.W.4 is the cousin of the informant. P.W.1, P.W.5 and P.W.7 have been - 2 - declared hostile, whereas P.W.6 is tendered and P.W.8 and P.W.9 are the Investigating Officers and P.W.10 is the doctor. On going through the evidence of P.W.1, the injured, I find that he has stated that the appellant had fired with the gun at him, but on going through the evidence of the doctor, I find that the two injuries sustained by him were simple in nature and caused by hard and blunt substance. This belies the prosecution case completely and even though P.W.3 has supported the factum of occurrence the same is not reliable in view of the complete negation of the prosecution case by the doctor. In the result, appeal is allowed and the order of conviction and sentence passed against the appellant on 22.9.1994 by the 2nd Additional Sessions Judge, Bhabua in Sessions Trial No.611/293 of 1992 is set aside. The appellant is discharged from the liability of his bail bond. Patna High Court Dated, 5th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )