Criminal Appeal (SJ) No. 314 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Surju Ram, S/o Late Mundal Ram. 2. Sonu Ram, S/o Badri Ram. All R/o Village-Sima, P.S.-Silaw, District-Patna. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The appellant No. 1 has been convicted under Section 324/149 IPC and 27 Arms Act whereas the appellant No. 2 has been convicted under Section 324 IPC and 27 Arms Act and the appellant No. 1 has been released after admonishing, the appellant No. 2 has been convicted for a period of one year each passed by the 4th Additional Sessions Judge, Nalanda at Biharsharif by a judgment dated 08.09.1994 in S.Tr. No. 300 of 1988/13 of 1990. The prosecution case is that on 24.05.1985 at 7 P.M. altercation arose between wife of the informant and the accused Surju Ram. Being enraged the appellant No. 1 came with the country-made gun and on his orders the appellant No. 2 fired at the informant which hit him on the chest, abdomen and knee. During trial the prosecution examined five witnesses out of whom P.W. 1 is on the point of 2 occurrence whereas P.W. 2 is the mother of the informant. P.W. 3 is the wife of the informant. P.W. 4 is said to be the informant. The investigating Officer has not been examined in the present case nor has the Doctor been examined. In effect therefore the prosecution story has stood uncorroborated from independent sources. Admittedly, all the witnesses are interested and close relatives therefore non-examination of the Investigating Officer in this background is fatal to the prosecution. In the result the appeal is allowed and the judgment dated 08.09.1994 passed by the 4th Additional Sessions Judge, Nalanda at Biharsharif in S.Tr. No. 300 of 1988/13 of 1990 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 7th April, 2011. NAFR/Vikash/-