Judgment R.N.Prasad, J. 1. The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 27-3-1987 passed by 3rd Addl. Sessions Judge, Gaya in S.T. No. 22/494 of 1985. 2. The prosecution case is that Gariban Paswan, chaukidar gave his fardbeyav on 30-1-1985 at about 7.30 a.m. that while he was near canal he learnt that dead body of unknown person was lying in the dalan at village Gularia Chak. He went there and found dead body of Radhey Singh lying in the dalan of the appellant. He found injuries on his person. He tried to know about the occurrence but he could not get any clue about the occurrence. 3. On the aforesaid fardbeyan formal First Information Report was drawn against unknown. Investigation was taken up, on completion of investigation, charge-sheet was submitted against the appellant, cognizance was taken and the case was committed to the court of sessions. The trial Court convicted the appellant for the offence as indicated above. 4. The defence of the appellant is that he is innocent and has falsely been implicated. 5. The prosecution in support of its case examined 6 witnesses, out of whom P.VVs. 1 and 3 are witnesses to the seizure P.W. 2 proved writing of the Investigating Officer P.W. 4 is the informant P.W. 5 is doctor who held post-mortem over the dead body. P.W. 6 has proved writing of the case diary. 6. It is manifest from the material on record that there is no eye-witness to the occurrence. P.W. 4 is the informant and chaukidar of the village. He also did not claim to have seen the occurrence rather stated in his evidence that on hearing about death at village Gularia Chak he went there and found dead body of Radhey Singh lying in the dalan of the appellant. Except as aforesaid he did not even express suspicion against the appellant. Deceased Radhey Singh was brother of the appellant. There is no evidence on the record to sav in anv manner that the appellant had hand in the commission of the occurrence. Except P.W. 4, the informant, no other witness has been examined on the point of occurrence or on the point that anybody had seen the appellant at the relevant time committing any overtact. 7. There is no evidence on the record to sav in anv manner that the appellant had hand in the commission of the occurrence. Except P.W. 4, the informant, no other witness has been examined on the point of occurrence or on the point that anybody had seen the appellant at the relevant time committing any overtact. 7. In that view of the matter, the judgment and order of conviction and sentence passed by the trial court cannot be sustained. Accordingly, this appeal is allowed. The judgment and order of conviction and sentence is hereby set aside. The appellant is discharged from the liability of the bail bonds.