Criminal Appeal (SJ) No. 79 OF 1996 Against the judgment and order dated 17.04.1996 passed by Sri Uma Shankar Prasad, Sessions Judge, Saharsa in S.Tr. No. 81 of 1994. ************ Ram Chandra Ram, S/o Late Ganga Ram, resident of Mohalla Sharda Nagar, Ward No. 1, Police Station-Saharsa, District-Saharsa. …… (Appellant) Versus 1. THE STATE OF BIHAR. 2. Suraj Mohan Thakur, S/o Yuganand Thakur, resident of Village-Beena, P.S.-Supaul, Dist.- Supaul. ------- (Respondents) ************* For the Appellant : Mr. Ashok Kumar Mishra, Adv. For the State : Mr. Manoj Kumar-I, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 324 IPC and sentenced to RI for three years by the Sessions Judge, Saharsa in S.Tr. No. 81 of 1994 by a judgment dated 17.04.1996. 2. The case of the prosecution is that on 08.05.1993 when the informant was alighting from a train at Saharsa Railway Station one unknown boy assaulted him with a dagger on his chest and fled away. The appellant was subsequently named by two witnesses i.e. Munna Kumar Singh and Ashok Choudhary during investigation and, therefore, he was charge-sheeted and put on trial. 2 3. During trial the prosecution examined six witnesses out of whom P.W. 1 and 4 have been declared hostile whereas P.W. 2 and P.W. 3 have been tendered and P.W. 5 is the informant. P.W. 6 is the Doctor who examined the injured. 4. The factum of the occurrence has not been challenged by the accused persons but his implication was questioned by him. No witness has come forward to disclose the complicity of the Appellant. P.W. 5, the informant has not named the appellant even during trial. On merit considering the evidence of the two relevant witnesses it appears to be a case of no evidence against the appellant. 5. In view of such, the appeal is allowed and the judgment dated 17.04.1996 passed by the Sessions Judge, Saharsa in S.Tr. No. 81 of 1994 is, hereby, set aside. The appellant is acquitted of the charges and discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th June, 2011. NAFR/Vikash/-