Criminal Appeal (SJ) No.56 OF 1997 [Appeal against the judgment and order dated 6.2.1997 passed by the 9th Addl. Sessions Judge, Bhojpur, Arrah in Sessions Trial No.207 of 1995] 1. Sarju Upadhay S/o Late Parmeshwar Upadhay 2. Jamuna Upadhay S/o Late Parmeshwar Upadhay, Both resident of village Madanpur, P.S. Sahar, Distt. Bhojpur …………………….. Appellants Versus THE STATE OF BIHAR ………….. Respondent For the Appellants : Mr. Yogesh Chandra Verma, Senior Advocate Mr. P.P.N. Sahi, Advocate Mr. B. R. Tiwary, Advocate For the Respondent : Mrs. Madhuri Lata, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellants have been convicted u/s.364 I.P.C. and sentenced to R.I. for ten years by a judgment dated 6.2.1997 passed by the 9th Addl. Sessions Judge, Bhojpur, Arrah in Sessions Trial No.207 of 1995. 2. The case of the informant Sheo Shankar Tiwari is that his sister was married to appellant no.2, but it was suspected that she was made traceless by the accused persons and done to death. 3. During trial, the prosecution has examined three witnesses. Out of whom, P.W.1 is the brother of the informant, whereas P.W.2 is the wife of the informant and P.W.3 is the informant himself. All that the three witnesses have merely stated is that the alleged deceased had been married to the appellant 2 no.2 and she had become traceless. This certainly would not be sufficient material to convict the appellants u/s.364 I.P.C. since the ingredients of Section 364 I.P.C. are not satisfied. 4. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellants on 6.2.1997 by the 9th Addl. Sessions Judge, Bhojpur, Arrah in Sessions Trial No.207 of 1995 is set aside. The appellants are discharged from the liabilities of their respective bail bonds. Patna High Court Dated, 29th June, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )