Cr. Appeal (SJ) No. 253 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Abul Hassan, S/o Late Elahi Mian. 2. Ghulam Sabir, S/o Md. Ashique. 3. Ghulam Samdani, S/o Abdul Baqui. 4. Ghulam Rabbani, S/o Abdul Baque. 5. Kalamuddin, S/o Late Abdul Mannan. 6. Jalal Uddin, S/o Late Abdul Mannan. 7. Reyazuddin, S/o Late Abdul Anis. 8. Zahiruddin, S/o Late Arshad Ali. 9. Shoaib Mian, S/o Abul Lais Mian. 10.Md. Ashique, S/o Late Alamgir. 11.Shahabuddin, S/o Alauddin. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Manish Kumar-I, Adv. : Dr. M.K. Gautam, Adv. For the State : Mr. Anil Kumar, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant No. 3 has been convicted under Section 436 IPC and sentenced to seven years RI whereas all the appellants have been convicted under Sections 147 and 323 IPC and sentenced to six months RI under each count by the 2nd Additional Sessions Judge, Gaya by a judgment dated 07.12.1995 in S.Tr. No. 11 of 1992/660 of 1990. 2. The case of the prosecution is that on 12.03.1990 there was some dispute between the parties on account of slapping of the son of the informant whereafter the accused persons assaulted the 2 prosecution and the appellant No. 1 set fire to his house. 3. The defence of the appellant was that the occurrence had taken place in a different manner for which a counter-case was instituted by the defence under Sections 307 and 436 IPC and Section 27 Arms Act. 4. The prosecution in all examined ten witnesses out of whom P.Ws. 1, 2, 3, 4, 5, 6 and 7 are witnesses on the occurrence whereas P.W. 8 is the informant. P.W. 9 is the Investigating Officer. P.W. 10 is the Doctor and P.W. 1 is formal witness. P.Ws. 2 to 6 and 8 are in addition injured witnesses. 5. The defence examined three witnesses in support of their case out of whom D.W. 1 has stated about the counter-case whereas D.W. 2 and D.W. 3 are formal witnesses on the point of submission of charge- sheet and the injury reports of the Doctor who had examined appellant, Abdul Hassan. D.W. 1 specifically stated that on the date of occurrence the prosecution party have surrounded and assaulted them variously whereafter the appellant, Abdul Hassan fled away towards the house but he was further chased and his house was set to fire. 6. On going through the evidence of the witnesses it is admitted position that they are all 3 interested and have denied the counter-occurrence in which the accused was assaulted and his house was set to fire. The Investigating Officer also corroborated that there was land dispute between the parties with respect to parti land situated adjacent to mosque. Not a single independent witness has been examined which in my opinion, in the facts of the case, is fatal to the prosecution. 7. In the result, the appeal is allowed and the judgment dated 07.12.1995 passed by the 2nd Additional Sessions Judge, Gaya in S.Tr. No. 11 of 1992/660 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 25th April, 2011. NAFR/Vikash/-