Criminal Appeal (SJ) No. 271 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Shyam Yadav. 2. Luren Yadav. Both Sons of Late Naresh Yadav. R/o Noorpur, P.S.-Nathnagar, District-Bhagalpur. ……………..(Appellants) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellants : Mr. Krishna Mohan, 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 appellant No. 1 has been convicted under Section 323 IPC but released on execution of bond for a period of one year and the appellant No. 2 has been convicted under Section 324 IPC and sentenced to three years RI by a judgment dated 11.08.1994 passed by 1st Additional Sessions Judge, Bhagalpur in S.Tr. No. 115 of 1990/369 of 1990. The prosecution case is that on 16.11.1989 P.W. 1, the informant stated that the appellants were her brothers-in-law with whom there was partition dispute and on the fateful day an altercation arose between them in course of which the appellants assaulted her husband. The prosecution examined seven witnesses on its behalf out of whom P.W. 1 is the informant whereas P.W. 3 is her husband who is the injured and P.W. 2 is 2 an eye witness whereas P.W. 5 was declared hostile and P.W. 6 was tendered for cross-examination. P.W. 4 was the Doctor who examined the injured and P.W. 7 is the Investigating Officer. On going through the evidence on record, I find admittedly that the parties are close relatives and there was land dispute between them on account of which this occurrence took place. P.W. 7, the Investigating Officer of the case has deposed that the witnesses had materially contradicted themselves on the manner of occurrence as well as the weapons that had been used by the accused persons. P.W. 4, the Doctor also did not find corroborative injuries on the person of the informant which belies the prosecution case. In the result, the appeal is allowed and the judgment dated 11.08.1994 passed by 1st Additional Sessions Judge, Bhagalpur in S.Tr. No. 115 of 1990/369 of 1990 is set aside. The appellants are discharged of the liability of their bail bonds. The appeal stands allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 5th April, 2011. NAFR/Vikash/-