Criminal Appeal (SJ) No. 179 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Sheo Balak Singh, S/o Bindeshwari Singh. 2. Nagendra Kumar Singh, @ Nagendra Singh, S/o Deobalak Singh, Both R/o Village Makarera, P.S.- Revelganj, District-Saran. ……………..(Appellants) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellants : Mr. Mahesh Narayan Parbat, Adv.. For the State : Mr. Choubey 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 Sections 324 and 323 by judgment dated 20.05.1994 by the 2nd Additional District & Sessions Judge, Saran, Chapra in S.Tr. No. 125/89 but were released on probation under Section 360 Cr.P.C. on a bond of Rs. 3,000/- with one surety each for a period of two years and one year respectively. The case of the prosecution is that on 22.06.1989 on a minor matter the accused persons assaulted the injured. The sole argument that has been advanced on behalf of the appellant is that even though the judgment was passed on 20.05.1994 the execution of bond was stayed by order dated 25.07.1994 and till date the appellants have not indulged in any anti social 2 activity and, therefore, the execution of the bond be also set aside. The prosecution to prove its case examined ten witnesses out of whom P.Ws. 1 and 3 were disbelieved by the Trial Court but relied on sole evidence of the informant i.e. P.W. 2 who is on inimical terms with the appellants. Considering that there are material contradictions in the evidence of P.W. 2 and on his sole evidence conviction is unsustainable, this appeal is allowed and the judgment dated 20.05.1994 passed by 2nd Additional District & Sessions Judge, Saran, Chapra in S.Tr. No. 125/89 is set aside. The appellants are acquitted of the charges and 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/-