Criminal Appeal No.6 OF 1995 (S.J.) [Appeal against the judgment and order dated 22.11.1994 passed by the Additional Sessions Judge XI, Gaya in Sessions Trial No.512 of 1986/ 41 of 1993] RAJU PASI ALIAS RAJU CHOUDHARY SON OF JAGDISH CHAUDHARY, RESIDENT OF MOHALLA GARH, P.S. SHERGHATI, DISTRICT GAYA ……………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Aurangzeb, Advocate For the Respondent : Mr. Mataloob Rub, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.395 I.P.C. and sentenced to R.I. for ten years and a fine of Rs.2000/- and in default of which further R.I. for six months by the Additional Sessions Judge XI, Gaya in Sessions Trial No.512 of 1986/ 41 of 1993 by a judgment dated 22.11.1994. 2. The case of the prosecution is that in the night of 17.7.1985 a dacoity was committed in the house of the informant (P.W.5) by some unknown miscreants. 3. During trial the prosecution has examined ten witnesses on its behalf. Out of whom, P.W.5 is the informant and P.W.6 is his wife, who are material witnesses. P.W.1 is formal witness. P.W.7 is a tendered witness. P.W.10 is the Investigating Officer. P.W.3 has been declared hostile. P.W.8 had come after - 2 - the occurrence, but P.W.8 has been disbelieved and P.W.9 is merely on the point of factum of occurrence. Admittedly the appellant belongs to the same locality and he was not named in the First Information Report which gives a reasonable suspicion to the Court that his implication belatedly was on account of some ulterior motives. 4. For this reason alone, the appeal is allowed and the order of conviction and sentence passed against the appellant on 22.11.1994 by the Additional Sessions Judge XI, Gaya in Sessions Trial No.512 of 1986/ 41 of 1993 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 2nd May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )