Criminal Appeal (SJ) No. 132 OF 1995 ******** Against the judgment and order of conviction dated 14.7.1995 passed in Sessions Trial No. 421 of 1988 by the learned Ist Additional Sessions Judge, Saran at Chapra. ****** 1. RAJESHWAR SINGH S/O LATE LAXAMI SINGH 2. ARUN SINGH S/O RAJESHWAR SINGH BOTH R/O VILLAGE-HARAKHPURA, P.S.- BANIYAPUR, DISTRICT- SARAN. ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Bashishtha Nr. Mishra Adv. : Mr. B.K. Mishra For the State : Mr. Pushpa Sinha-2 APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. It has been submitted that the appellant no. 1 is dead for which a death certificate is being presented before this court. Let the same be kept on record. In view of the submission, the appeal of appellant no. 1 stands abated. 2. The appellant no. 2 has been convicted under Section 323 I.P.C. and sentenced to rigorous imprisonment for 1 year by the learned Ist Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 421 of 1988 by the judgment dated 14.7.1995. 3. The case of the prosecution is that on 11.7.1978 while the informant was keeping the Bamboo sticks on his land the accused persons came there and variously assaulted him when others came to intervene they were also assaulted. 4. The case of the defence was that the informant and the appellant no.1 were brothers and in fact the mother of the appellant no.1 had filed a case against her husband and the informant for having forcibly taken a signature on sale deed and when she protested she was assaulted for which First Information Report was filed which is exhibit-A and also the judgment on the same was delivered vide exhibit-C. 5. During trial the prosecution examined 7 witnesses out of whom P.W. 1 is the informant’s brother whereas P.W. 2 is the informant, P.W. 3 is the informant’s father, P.W. 4 is the doctor who examined the injured, P.W. 5 has declared hostile, P.W.6 is formal and P.W. 7 is the Investigating Officer. 6. On going through the evidence of P.W. 4, I find that apart from one injury on the person of Lalan Singh the rest of the injuries were simple in nature. The grievous injury is attributed to appellant no.1, similarly on the person of Ram Kishun Singh only one grievous injury was found whereas the rest were simple, on the person of Vijay Singh one simple injury was found. 7. Even considering the prosecution case in its entirety, it would be difficult to accept the same as having proved beyond all reasonable doubt in the background of claim and counter claim between the parties. 8. In the result, the appeal of appellant no. 2 is allowed and the order of conviction and sentence passed against the appellant no.2 by the learned Ist Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 421 of 1988 by the judgment dated 14.7.1995 is hereby set aside and he is acquitted of his charges. The appellant no. 2 is discharged from the liabilities of their respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 13th May, 2011 NAFR/ Fahad.