Criminal Appeal (SJ) No. 184 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Sri Bhagwan Singh, S/o Raj Nath Singh. 2. Lakhan Singh, S/o Raj Nath Singh. 3. Dhoda Singh, S/o Sudhir Singh. 4. Yogendra Singh, S/o Sudhir Singh. 5. Hari Muni Singh, S/o Mantu Singh. 6. Raj Nath Singh, S/o Mantu Singh. 7. Sahendra Singh, S/o Hari Singh. All R/o Village-Singotpur, P.S.-Rajpur, District-Buxar. ……………..(Appellants) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellants : Mr. Krishna Bihari, Adv. For the State : Mr. Binod Bihari Singh, 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 307/149 IPC and sentenced to RI for five years as also appellant Nos. 4 and 6 have been convicted under Section 27 of the Arms Act and sentenced to three years RI by the judgment dated 02.05.1994 passed by 1st Additional Sessions Judge, Buxar in S.Tr. No. 380/82. The case of the prosecution is that in the morning of 10.02.1980 the wife of appellant No 6 was cutting crops on account of which an altercation arose between the informant which was followed by scuffling in between them. Later in the day the accused persons came to the house of the informant and some of them fired at the house and P.W. 2 and P.W. 5 while trying to close themselves in the house sustained gunshot injuries. It has been submitted on behalf of the appellants that undoubtedly even though prosecution has examined seven witnesses all of them happened to be interested witnesses. The further submission is that neither the Doctor nor the Investigating Officer have been examined in the present case and evidently from the manner of occurrence no offence whatsoever punishable under Section 307 IPC seems to be made out. Having gone through the evidence on record and in the absence of the Doctor having examined by the prosecution, I am not inclined to uphold the conviction of the appellants under Section 307 IPC/149 IPC. The appeal is allowed and the judgment dated 02.05.1994 passed by the 1st Additional Sessions Judge, Buxar in S.Tr. No. 380/82 is set aside. The appellants are discharged of the liability of their bail bonds. The appeal stands allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 31st March, 2011. NAFR/Vikash/-