Criminal Appeal (SJ) No.71 OF 1994 ******** Against the judgment and order of conviction dated 22.2.1994 passed in Sessions Trial No. 46/91/15/93 G.R. No. 570 of 1985 by learned 2nd Addl. Sessions Judge, Nawadah. ****** 1. FAUDARI THAKUR, S/O LATE KARU THAKUR 2. MISHRI THAKUR S/O FAUDARI THAKUR 3. PRASADI THAKUR S/O LATE KARU THAKUR 4. PARMESHWAR THAKUR S/O LATE BUDHAN THAKUR 5. LAKHAN THAKUR S/O LATE KARU THAKUR ALL R/O VILLAGE- RANIPUR, P.S. HASUA (HISUA), DISTRICT- NAWADAH ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Awadesh Kr. Singh For the State : Mr.Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant nos. 1 and 2 have been convicted under Section 148, 324 I.P.C. and sentenced to rigorous imprisonment 6 months and 1 year respectively whereas the appellant nos. 3 to 5 have been convicted under Section 147 and 323 I.P.C. and sentenced to 3 months rigorous imprisonment and 6 months rigorous imprisonment respectively by the 2nd Additional Sessions Judge, Nawadah in Sessions Trial No. 46 of 91/15 of 93 by the judgment dated 22.2.1994. 2. The prosecution case is that on 10.5.1985 at about 2.30 p.m. while the informant was sitting at his darwaza, the accused persons came and started abusing him when protested it led to an altercation and assaulted the injured. 3. Heard the learned counsels and perused the evidence on record. 4. On going through the records, I find that the case of the defence was that all witnesses in fact close family members and there was a total absence of any material to suggest that there was an unlawful assembly with a common object and in fact the occurrence had taken place over cutting of a ridge. The doctor P.W.7 who examined the injured mainly found simple injuries having been sustained by the injured. I also find that there are material contradictions in the evidence of the witnesses on the manner and place of occurrence which does not inspire confidence. 5. In view of the discussions above, the appeal is allowed and conviction and sentenced of the appellants passed by learned 2nd Addl. Sessions Judge, Nawadah in Sessions Trial No. 46/91/15/93 G.R. No. 570 of 1985 are hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.