Criminal Appeal (SJ) No. 161 OF 1994 ******** Against the judgment and order of conviction dated 31.5.1994 passed in Sessions Trial No. 243/1980 by the learned Ist Additional Sessions Judge, Patna. ****** MUNNA SINGH S/O LATE HIRA SINGH R/O VILLAGE- FAZALCHAK, P.S.- CAURICHAK (PUNPUN), DISTRICT- PATNA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ CR. APP (SJ) No.174 oF 1994 ******** 1. SHYAM NARAIN SINGH 2. SATYA NARAIN SINGH BOTH S/O LATE HIRA SINGH BOTH R/O VILLAGE- MITTANCHAK, P.S.- PHULWARI, DISTRICT- PATNA 3. NAVRATAN SINGH S/O LATE DEOKI SINGH 4. RAM KHELAWAN SINGH S/O LATE PRASAD SINGH 5. RAJNANDAN SINGH S/O SRI LALA SINGH 6. KAMESHWAR SINGH S/O SRI JAGAT SINGH 7. SATYENDRA SINGH S/O SRI NAVRATAN SINGH 8. LALA SINGH S/O LATE KIRIT SINGH 9. RAM UGRAH SINGH S/O SRI AKAL SINGH 10. RAM JIWAN MAHTO S/O SRI RATAN MAHTO 11. RATAN MAHTO S/O SRI GAJJU MAHTO ALL R/O VILLAGE-FAZALCHAK, P..-GAURICHAK (PUNPUN), DISTRICT- PATNA ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Mahfooz Ahmad Adv. Parmindra Kr. Singh Adv. For the State : Binod Bihari Singh Addl. APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant Munna Singh has been convicted under Section 307/452/148 I.P.C. and sentenced to rigorous imprisonment for 4 years, 6 months and 1 year as also under Section 27 of the Arms Act and sentenced to rigorous imprisonment for 1 year whereas the appellants of Cr. App. No. 174 of 1994 have been convicted under Section 452, 148 I.P.C. and sentenced to rigorous imprisonment for 1 year and 6 months respectively, whereas the appellant no.1 has been convicted under Section 27 of the Arms Act and sentenced to 1 year rigorous imprisonment and appellant no. 5 under Section 323 I.P.C. and sentenced to 6 months rigorous imprisonment by the judgment dated 31.5.1994 passed by learned Ist Additional Sessions Judge, Patna in Sessions Trial No. 243/1980. 2. The case of the prosecution is that on account of land dispute between the parties on the night of 13/14-11-1993 the accused persons entered into the house of the informant and the appellant Munna Singh allegedly fired at the right thigh of Ramchandra Singh P.W.4 where as rest of the accused persons assaulted other injured persons. 3. The prosecution to prove its case examined 7 witnesses out of whom P.W.5 is the informant and P.W.4 is the nephew of the informant and both of them are injured whereas P.W.3 is the brother of the informant and P.W.2 is the cousin of the informant and P.W.1 is the father-in-law of uncle of P.W.5 and P.W.6 is formal witness whereas P.W.7 is the doctor who examined two injured. 4. The defence of the appellant was that previously the accused persons had been charged with the murder of the wife of P.W.5 in which they were acquitted and therefore, to feed their grudge the prosecution once again implicated the appellants in the present case. Further defence was that there was admittedly land dispute between the parties. 5. On going through the evidence, I find that undoubtedly, all the witnesses are interested and family members of the informant and no independent witness has been examined which was essential since there was active animosity between the parties. 6. Further it appears that there was about 11 hours of delay in instituting the present First Information Report which give rise to a suspicion that the prosecution was deliberating about the probable story to be enumerated. Moreover, the evidence of both the injured witnesses with regard to the manner of occurrence is also discrepant on material particulars. 7. In view of the discussion above, the appeal is allowed and conviction and sentenced of the appellants passed by learned Ist Additional Sessions Judge, Patna by the judgment dated 31.5.1994 in Sessions Trial No. 243/1980 is hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 1st April, 2011 NAFR/ Fahad.