Criminal Appeal (SJ) No.95 OF 1994 (Appeal against the Judgment and Order dated 2.4.1994 passed by the 2nd Additional Sessions Judge, Siwan, in Sessions Trial No. 49 of 1984/169 of 1992) SHEOJI SINGH, SON OF CHANDRA DEO SINGH, RESIDENT OF VILLAGE – PAKWALIA, P.S. BARHARIYA, DISTT. SIWAN ------- APPELLANT Versus THE STATE OF BIHAR -------RESPONDENT ---------- For the Appellant : Mr. Pramod Kumar, Advocate. For the State : Mr. R.B. Roy Raman, Advocate. -------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard The Appellant has been convicted under Sections 307/34 of the Indian Penal Code and sentenced to rigorous imprisonment for five years by the 2nd Additional Sessions Judge, Siwan, in Sessions Trial No. 49 of 1984/169 of 1992 by a Judgment dated 2.4.1994. The prosecution case is that on 28.4.1983 the accused persons variously assaulted the Informant out of whom Appellant is said to have assaulted the Informant with the knife. The prosecution in all examined ten witnesses out of whom PW-5 is Informant and inured whereas PW-2 has been declared hostile. PW-6 is the full brother of the Informant whereas PW-7 is the mother of the Informant. PW-8 has examined the injured and PW-9 is the Investigating Officer. 2 PWs-3 and 4 are on the factum of the occurrence. With regard to the same occurrence, a counter case was instituted by the Appellant and the injuries were brought on record vide Exbt. ‘C’ and ‘D’ On going through the evidence of material witnesses, I find that they have not explained injuries admittedly sustained by the accused persons in the same transaction which they were obliged to do so since evidently the true story had to be brought bfore the Court and in case of any doubt, the Court was under obligation to reject the prosecution case. In view of such, the Appeal is allowed and the order of conviction and sentence passed against the Appellant in Sessions Trial No. 49 of 1984/169 of 1992 by the 2nd Additional Sessions Judge, Siwan, is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna. Dated, the 8th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)