Criminal Appeal (SJ) No. 137 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Neelam Kuer, S/o Baleshwar Kuer. 2. Baleshwar Kuer, S/o Daroga Kuer. Both R/o Village Gokhlenagar Bishunpur, P.S.-Balia, Dist.-Begusrai. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. R.C. Sharma, Adv. : Mr. Arun Kumar Singh, Adv. For the State : Mr. Choube Jawahar, 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 IPC and sentenced to two years and six months RI by a judgment dated 23.03.1994 passed by the 1st Additional Sessions Judge, Begusarai in S.Tr. No. 60 of 1983/25 of 1990. The case of the prosecution is that when the informant was grazing her cattle an altercation arose between the parties on account of which the appellant No. 1 fired from pistol on Ramchandra Kuer whereas the appellant No. 2 gave a “Bhala” blow on him. The prosecution in all examined seven witnesses out of whom P.W. 1, P.W. 2, P.W. 3 and P.W. 4 have supported the case of P.W. 5, the informant whereas P.W. 6 is the Investigating Office. 2 On behalf of the defence two witnesses were examined on the point of relationship between the parties, D.W. 2 on the point of alibi of appellant No. 1. Admittedly all the witnesses are interested and, therefore, the testimony was required to be corroborated on material particulars. In the present case, the Doctor has not been examined who alone would have corroborated the prosecution case and, therefore, the Court is left only with the oral evidence on the point of assault. Since it is unsafe to rely only on interested witnesses, I am inclined to allow this appeal giving the appellants benefit of doubt. In the result, the appeal is allowed and the judgment dated 23.03.1994 passed by the 1st Additional Sessions Judge, Begusarai in S.Tr. No. 60 of 1983/25 of 1990 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 8th April, 2011. NAFR/Vikash/-