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Judgment
Anjana Prakash, J.—The Appellants have been convicted under Sections 148, 379 and 147 IPC and sentence to one year and six months RI respectively in Sessions Case No. 47/79 by the judgment dated 08.08.1994 passed by the 1st Additional Sessions Judge, Saharsa.
The case of the prosecution is according to P.W. 5 is that on account of land dispute the accused persons variously armed forming an unlawful assembly assaulted the injured and committed murder of one Babujee Mushar. After close of investigation, charge-sheet was submitted u/s 302/149 IPC and other allied Sections and the Appellants were charged u/s 302/149 IPC and other allied Sections but since there was absolutely no evidence with regard to the death of the deceased in this occurrence apart from the oral statements of the witnesses the Appellants were discharged under Sections 302 and 302/149 IPC and convicted as mentioned above.
During trial the prosecution examined six witnesses out of whom P.W. 6 is formal whereas P.W. 5 is the informant and the rest of the witnesses are also on the point of occurrence.
It has been submitted on behalf of the Appellants that once the major part of the prosecution story has been disbelieved by the Court below on account of the close examination of the evidence of Doctor and the Investigating Officer the conviction of the Appellants for minor offences also does not seem to be reliable and is without cogent proof.
I am inclined to agree with the submission made on behalf of the Appellants that the prosecution has miserably failed to prove its case beyond all reasonable doubt and, therefore, the Appellants are acquitted of charges. In view of such, the appeal is allowed and the judgment dated 08.08.1994 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 47/79 is set aside. The Appellants are discharged of the liability of their bail bonds.
The appeal stands allowed.