Criminal Appeal (SJ) No. 210 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Jetha Soren, S/o Lodho Soren. 2. Dhena Soren, S/o Lodho Soren. 3. Harilal Soren, S/o Jetha Soren. 4. Muni Lal Soren, S/o Jetha Soren. 5. Babu Lal Soren, S/o Dewan Soren. 6. Tallu Soren, S/o Dewan Soren. 7. Salim Soren, S/o Dewan Soren. All of Village-Moglaha, Police Station-K.Nagar, District-Purnea. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Pankaj Kumar Sinha, Adv. : Mr. Kamal Kishor Jha, Adv. For the State : Mr. Matloob Rab, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant No. 1 has been convicted under Section 324 IPC and sentenced to RI for one year and he along with the rest of the appellants has been convicted under Section 148 IPC and sentenced to RI for one year by the 2nd Additional Sessions Judge, Purnia in S.Tr. No. 47 of 1989 by a judgment dated 29.08.1995. 2. The case of the prosecution is that on 30.12.1986 at 11 A.M. the accused persons were found digging the Manji Than of the Society and when they were prevented from doing so they resorted to firing as also caused injury with the sword. 3. The prosecution in all examined five witnesses out of whom P.W. 1, P.W. 2, P.W. 3 and P.W. 5 are on the factum of occurrence. P.W. 3 is the injured who was examined by P.W. 4, the Doctor who found a simple injury on 2 his head and an injury on the chest of P.W. 1, P.W. 2, P.W. 3 and P.W. 5. The Doctor who examined P.W. 1 has stated that injuries could have been caused by falling of sharp pointed bamboo. 4. The submission of the appellants is that no offence under Section 148 IPC would be made out since the admitted prosecution case is that the appellants were digging the mud at Manji Sthan and not rioting. I am inclined to accept the submission of the appellants in the facts of the case. 5. As for the conviction of the appellant No. 1 u/s 324 IPC, I find that even though he has been convicted u/s 324 IPC for causing injuries to Durga P.W. 3 and Pallu P.W. 1 with arrow but the injuries on P.W. 3 are caused by hard and blunt substance. In such a situation the sole evidence of P.W. 1 survives against him. In the facts of the case I am not inclined to place complete reliance on his evidence. 6. In the result, the appeal is allowed and the judgment dated 29.08.1995 passed by the 2nd Additional Sessions Judge, Purnia in S.Tr. No. 47/1989 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th April, 2011. NAFR/Vikash/-