Criminal Appeal (SJ) No.79 OF 1994 (In the matter of an application by way of Memaorandum of Appeal under Section 374(2) of the Code of Criminal Procedure) RAMDEO MISHRA, SON OF LATE SADA NAND MISHRA, RESIDENT OF DALSINGH SARAI BHATGAMA, P.S. DALSINGH SARAI, DISTT. SAMASTIPUR. ----- APPELLANT Versus THE STATE OF BIHAR ------ RESPONDENT. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard both sides. The Appellant has been convicted under Section 326 of the Indian Penal Code and sentenced to seven years and two years respectively by the 1st Additional Sessions Judge, Samastipur, in Sessions Trial No. 71 of 1988/26 of 1990 by a Judgment dated 17th March, 1994. The prosecution case is that on 31.10.1982 while the Informant was in his House, the accused persons were breaking tiles of his house and when he protested, he was assaulted by the accused persons. Initially the Appellant and other co-accused persons were charged under Sections 307/34 and 201 of the Indian Penal Code but acquitted of the charges. The prosecution case to prove his case through 15 witnesses out of whom only PWs 1, 2, 4, 6 and 14 are material and the rest of them are either formal or tendered. It has been submitted that in fact, no occurrence as stated by the prosecution has taken place and no independent 2 witness was examined in support of the case of the Informant. Further submission is that admittedly, there was some dispute between the parties on account of which this occurrence has taken place and, therefore the possibility of false implication could not be ruled out. Considering the same, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Sessions Trial No. 71 of 1988/26 of 1990 by the 1st Additional Sessions Judge, Samastipur, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 28th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)