JUDGEMENT Anjana Prakash, J. 1. The Appellant Nos. 3, 7 and 13 have been convicted Under Section 323 I.P.C. and sentenced to R.I. for 1 year, whereas Appellant Nos. 9 and 11 have been convicted Under Section 380 I.P.C. and sentenced to R.I. for 7 years and the Appellant Nos. 1, 2, 4, 5, 6, 8, 9, 10, 11 and 12 have been convicted Under Section 452 I.PC. and sentenced to R.I. for 7 years by the Second Additional Sessions Judge, Bhabua in Sessions Trial No. 501/72 of 1992 by a judgment dated, 20th April, 1995. 2. The prosecution case is that on 27th July, 1991 at about 7 P.M. when the Informant (PW. 6) was sitting at his Dalan, the Accused persons entered into his house and committed theft of certain articles. 3. During trial the prosecution has examined eight witnesses. Out of whom, PW. 6 is the Informant himself and PW. 1, PW. 2, PW. 3, PW. 5 and PW. 6 belong to the same family and have deposed as eye witnesses. PW. 4, who is an injured independent eye witness, has been declared hostile. PW. 8 is the Investigating Officer, whereas PW. 7 is the doctor, who examined the injured persons. 4. It has been submitted that from the evidence of the interested witnesses, it is apparent that there was active land dispute between the parties and there is a counter version of the same occurrence which had been stoutly denied by the, prosecution witnesses. In this background the prosecution case is not worthy of credence and the Appellants deserve to be given benefit of doubt. Further PW. 4, who was the sole independent injured eye witness, has created a serious doubt about the prosecution case in not supporting the same daring trial and hence the Appellants deserve to be acquitted. 5. I am inclined to accept the submissions on behalf of the Appellants. 6. In the result, the appeal is allowed and the order of conviction and sentence passed against the Appellants on 20th April, 1995 passed by the Second Additional Sessions Judge, Bhabua in Sessions Trial No. 501/72 of 1992 is set aside. The Appellants are discharged from the liabilities of their bail bonds.