IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1521 of 2008 MOHAN TURAHA Versus STATE OF BIHAR ----------- 3 12.1.2009 Heard learned counsel for the petitioner and the State. This revision application is directed against the judgment and order dated 3.3.2008 passed by the Vth Additional Sessions Judge, Bettiah, East Champaran in Cr.Appeal No.43 of 1997 whereby he has affirmed the judgment and order dated 16.8.1997 passed by the Judicial Magistrate, Ist Class, Bagaha in G.R.No.234/1989, Trial No.226 of 1997 under section 323 of the Penal Code. It is alleged by the informant that while he was watching the crops of water-melon, the accused petitioner along with 20 others armed with lathi came to his field and assaulted him. The prosecution has examined altogether six witnesses in support of his case. The informant is P.W.4. P.Ws 1 and 2 are injured persons and P.W.3 Guddu Mian is the son of the informant and is hear say witness. P.W.5 is Dr.Krishna Prasad who opined that the injury sustained by the informant is simple in nature. Learned counsel for the petitioner submits that the occurrence took place about 20 years back and since then good sense has prevailed between the parties and good relations have been restored. He further submits that it was a dark night and as such it could have been difficult for the prosecution witness to have identified the accused persons with certainty. He submits that the evidence of witnesses on the point of assault differs from each other. The - 2 - KHAN petitioner has remained in custody for two months. The trial court convicted the petitioner under section 323 of the Penal Code and sentenced him to one year imprisonment. The appellate court confirmed the order of conviction and sentence. Having heard counsel for the parties and on going through the materials on record, this court finds that the prosecution has not been able to prove its charge against the petitioner beyond all reasonable doubt and as such the impugned judgment of conviction and sentence thereof under section 323 of the Penal Code is set aside. The petitioner is directed to be released forthwith if not wanted in any other case. (S.P.Singh,J)