Criminal Appeal (SJ) No. 318 OF 1997 Against the judgment and order dated 28.11.1997 passed by Sri Uday Shankar, 5th Additional District & Sessions Judge, Begusarai in Sessions Case No. 22/1989. ************ 1. Narendra Kuwar, S/o Ram Suresh Kumar. 2. Prawin Kuwar @ Parvindra Kumar, S/o Ram Suresh Kuwar. 3. Chanderman Kuwar, S/o Ram Sewak. All resident of Village-Jhamtia, P.S.-Bachwara, District-Begusarai. 4. Ram Chander Choudhary, S/o Ramphal Chaudhary, R/o Village-Chiranjivpur, P.S.- Bachwara, District-Begusarai. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Akhileshwar Pd. Singh, Adv. : Mr. Sanjeet Kumar, Adv. For the State : Mr. Mithilesh Kuamar Khana, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants No. 1, 2 and 3 have been convicted under Section 307 IPC and sentenced to RI for ten years whereas appellant No. 4 has been convicted under Section 323 IPC and sentenced to RI for one year by the 5th Additional District & Sessions Judge, Begusarai in Sessions Case No. 22/1989 by a judgment dated 28.11.1997. 2. The case of the prosecution according to P.W. 1, Ramnaresh Kuwar is that on 04.10.1987 some exchange of hot words took place between the parties Narendra Kuwar and Dharnidhar Kuwar for construction of a passage. At that time the informant had gone to Diyara and when he returned he obstructed Narendra Kuwar to do so on account of which he assaulted on the head of the informant with the butt of the pistol whereas Pravin Kumar assaulted 2 him with a brick and Chandramani Kuwar assaulted with a bhala which hit on the right hand of the informant and Ram Chander Choudhary assaulted Dharnidhar Kuwar by means of lathi. 3. The defence pleaded that in fact on 04.10.1987 at about 8 A.M. the accused Narendra Kuwar was removing bricks from his house which was objected by Dharnidhar Kuwar but the matter subsided after exchange of hot words. Later the informant, Ram Naresh Kuwar, Dilip Kuwar and Kamla Kishore Kuwar all armed with country- made pistol arrived at the place of occurrence and the informant is said to have fired which hit on the head of Narendra Kuwar for which incident Bachwara P.S. Case No. 92/87 is instituted against the informant and others. 4. During trial the prosecution examined seven witnesses out of whom P.W. 5, Doctor is said to have examined the injured, Ram Naresh Kuwar, P.W. 1 who is the informant along with Dharnidhar Kuwar, P.W. 4. 5. From the evidence of P.W. 5, one finds that P.W. 4 had sustained four injuries on his person all of which are simple in nature. Similarly, on the person of informant three injuries were found which also were simple in nature. These two important witnesses did not explain the counter- version which could not be denied in the facts of the case since specific evidence had been led by the defence in this regard and defence witness No. 1 was also examined as well as other reliable documents were brought on record. The denial of the counter-version raises a reasonable suspicion in 3 the mind of the Court that in fact the correct version was suppressed by the prosecution. 6. In the result, the appeal is allowed and the judgment dated 28.11.1997 passed by the 5th Additional District & Sessions Judge, Begusarai in Sessions Case No. 22/1989 is, hereby, set aside. The appellants are acquitted of the charges and discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 18th July, 2011. NAFR/Vikash/-