Criminal Appeal (SJ) No. 134 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Vishwanath Chaudhary, S/o Late Deo Nandan Chaudhary. 2. Ram Rup Chaudhary, S/o Late Badri Chaudhary. 3. Ramji Chaudhary, S/o Late Sheo Tahul Chaudhary. All R/o Village-Pothia, Police Station-Malsalami, District-Patna. ……………..(Appellants) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellants : Mr. Kumar Alok, 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 Section 201 IPC and sentenced to RI for three years in S.Tr. No. 646 of 1981 by a judgment dated 05.05.1994 passed by Additional Sessions Judge, Patna after acquitting the appellants under Section 302/149 IPC. The case of the prosecution is that the niece of the informant was married to the appellant No. 1 but thereafter allegedly she was killed. The appellants were also charged under Section 302/149 IPC but since there was no direct material against them they were acquitted of the charge but convicted u/s 201 IPC. The prosecution to prove its case examined eleven witnesses but there was no direct evidence in any regard. The only evidence upon which the present conviction has been based is that some remnants of 2 dead body having been burnt at the burning ghat was found and, therefore, it is assumed that the accused were persons causing disappearance of evidence. On going through the evidence on record as well the judgment, I am of the view that since the main offence itself has not been proved successfully by the prosecution there could be no question of disappearance of any evidence with regard to the said offence. In view of such, the appeal is allowed and the judgment dated 05.05.1994 passed by Additional Sessions Judge-II, Patna in S.Tr. No. 646 of 1981 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 29th March, 2011. NAFR/Vikash/-