Criminal Appeal (SJ) No. 281 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Baiju Rabidas @ Baijnath Rabidas, R/o Village- Chanan Tand, Police Station-Sono, District-Jamui. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Brahmdeo Pd. Singh, Adv. For the State : Dr. Inderwar Kumari, APP. *************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The appellant has been convicted under Section 307 IPC and 3/4 Explosive Substance Act and sentenced to seven years and five years RI respectively by the 2nd Additional District and Sessions Judge, Jamui by a judgment dated 02.09.1994 in S.Tr. No. 302 of 1993. The case of the prosecution is that the appellant had been punished by the panches in a panchayati and he had threatened to do away with the panches. On the same day the appellant went to his in- laws and with the help of two persons this occurrence committed. During trial the prosecution examined five witnesses out of whom P.W. 5 is formal. P.W. 1 who is the wife of injured has stated only about the factum of occurrence and she was declared hostile. P.W. 2 has 2 merely stated that he had seen the appellant running away from the place of occurrence along with two others and that he had been threatened by the appellant earlier. P.W. 3 who is the grand daughter of the informant has stated that a bomb was exploded in her courtyard in which her grand-father had been injured who disclosed the name of the appellant. P.W. 4 has been declared hostile. The Doctor has not been examined to prove the injuries of P.W. 2. The manner which has been described by him does not leave any scope for doubt that he could not have seen the appellant running away from the place of occurrence and he has merely been implicated on account of earlier threat meted out by him. In view of aforesaid discussion, the appeal is allowed and set aside the judgment dated 02.09.1994 passed by 2nd Additional District and Sessions Judge, Jamui in S.Tr. No. 302 of 1993. The appellant is discharged of the liability of his bail bonds. The appeal stands allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 6th April, 2011. NAFR/Vikash/-