Criminal Appeal (SJ) No. 344 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Bhupal Yadav, S/o Late Brahmdeo Yadav of Raghunikitta, P.S.-Dhoraiya, Distt.-Banka. ………(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Krishna Mohan, Adv. : Mr. Praveen Kumar, Adv. For the State : Mrs. Veena Kumari Jaiswal, APP. ************* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The appellant has been convicted under Section 307 IPC and sentenced to RI for a period of seven years by the 7th Additional Sessions Judge, Bhagalpur by a judgment dated 28.09.1994 in Sessions Case No. 398 of 1986. The case of the prosecution is that on 19.06.1986 when the informant was preparing to cover his roof with bamboo leaves the accused persons came there and thereafter the appellant is said to have given gandasa blow on the head of informant on account of which he sustained serious injuries. When other family members came to intervene they were also allegedly assaulted. The prosecution examined five witnesses out of whom P.W. 5 is formal whereas P.W. 3 is hostile. P.W. 2 2 is the injured whereas P.W. 1 is the wife of the injured. P.W. 4 is a minor witness. The defence also examined two witnesses on its behalf and proved some documents to show that there was some dispute between the parties. Admittedly the Investigating Officer and the Doctor have not been examined by the prosecution. In the background fact that only interested witnesses were examined by the prosecution and the one independent witness i.e. P.W. 3 did not support the case of the prosecution the entire case was fit to be rejected. Moreover, considering that the material witnesses were discrepant in their narration of the prosecution case as also that the Doctor has not been examined who alone was competent to testify on the factum of injuries sustained by P.W. 2, I am inclined to give benefit of doubt to the appellant. In the result, the appeal is allowed and the judgment dated 28.09.1994 passed by the 7th Additional Sessions Judge, Bhagalpur in S.Tr. No. 398 of 1986 is set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 7th April, 2011. NAFR/Vikash/-