JUDGMENT The sole appellant has preferred this appeal against the judgment of conviction dated 22.06.2000 and order of sentence dated 23.06.2000 passed in Sessions Trial No. 27 of 1981/36 of 2000 by the court of 6th Additional Sessions Judge, Aurangabad, whereby the appellant, Ram Ekbal Singh @ Ram Ikbal, has been found guilty under Section 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years. 2. On the basis of fardbeyan of Prayag Singh (PW-4), recorded on 22.11.1973 at about 08:30 P.M. at O.P. Kasma by A.S.I., Ashraf Jamal, Rafiganj, P.S. Case No. 10 of 1973 was instituted against Ram Ekbal Singh, Tribeni Singh, Bhim Singh and Shiv Ratan Singh under Sections 324, 307 and 325/34 of the Indian Penal Code. The informant, Prayag Singh (PW-4) gave his fardbeyan to the effect that on 22.11.1973 at about 6:00 P.M., he had gone to his Khalihan situated in orchard of Jagroop Bigha in the south of his village for carrying the paddy straw with his nephew Pravesh Singh (PW-1) and brother Krishna Singh (PW-5). Adjacent to the orchard, his father was also watching the paddy crop in the field. When he proceeded from there in the orchard, the accused-appellant, Ram Ekbal Singh, son of Tribeni Singh, armed with knife, the accused, Tribeni Singh, son of Padarath Singh, armed with Lathi, the accused, Bhim Singh son of Kedar Singh, armed with Bhala and the accused, Shiv Ratan Singh, son of Suraj Singh, armed with Lathi surrounded him by abusing and forced him to withdraw the case. In the meantime, his brother, nephew and father had also came there. The accused, Tribeni Singh, ordered to assault, on which the accused-appellant, Ram Ekbal Singh, gave knife blow at his neck, and then he fell down and all accused fled away. While attempt was made to catch hold of the accused persons but they succeeded to flee away. The cause of occurrence is that the accused persons had given the Lathi blow to his pregnant buffalo regarding which the case is going on. 3. The police on investigation of the case submitted the charge-sheet for the offence under Sections 307, 324 and 325/34 of the Indian Penal Code against F.I.R. named accused showing the name of four others in column no. 2 as absconder. 3. The police on investigation of the case submitted the charge-sheet for the offence under Sections 307, 324 and 325/34 of the Indian Penal Code against F.I.R. named accused showing the name of four others in column no. 2 as absconder. The cognizance of the case was taken and, thereafter, the case was committed to the court of sessions for trial. The charge under Section 307/34 of the Indian Penal Code was explained to accused who pleaded not guilty. In course of trial the proceeding was dropped in respect to accused Tribeni Singh and Shiv Ratan Singh due to their death. Only accused, Ram Ekbal Singh (appellant) and Bhim Singh faced trial. 4. The learned Additional Sessions Judge-IV, Aurangabad, on taking into consideration the evidence and material available on record hold the accused-appellant, Ram Ekbal Singh, guilty for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years, while other accused, Bhim Singh, was acquitted from the said charges and the proceeding against the remaining two accused were dropped in course of trial due to their death. 5. The prosecution has examined altogether seven witnesses, who are Ram Pravesh Singh (PW-1), Deoki Bhuiyan (PW-2), Ram Sewak Bhuiyan (PW-3), Prayag Singh, informant and injured (PW-4), Krishna Singh (PW-5), Ramesh Singh (PW-6), who is health worker and Ram Lal Singh (PW-7), is formal witness who has proved formal F.I.R. (Ext.4). Deoki Bhuiyan (PW-2) and Ram Sewak Bhuiyan (PW-3) have been tendered by the prosecution and they have said nothing about the allegation as alleged in the First Information Report. Ramesh Singh (PW-6) is the health worker, posted at Kasma Health Sub Centre, and he proved O.D. slip issued by A.S.I., Ashraf Jamas as Ext-1. He further stated that he gave the first aid to the informant/injured, Prayag Singh (PW-4) and referred for further treatment at State Dispensary, Rafiganj, as at that time no doctor was posted at Kasma Health Centre and proved the letter issued by him to State Dispensary, Rafiganj as Ext-2. He also proved the writing of Dr. U.K. Sinha, Civil Assistant Surgeon, State Dispensary, Rafiganj regarding to refer the informant/injured (PW-4) for Sadar Hospital, Gaya as Ext-3 and also proved the letter of Dr. He also proved the writing of Dr. U.K. Sinha, Civil Assistant Surgeon, State Dispensary, Rafiganj regarding to refer the informant/injured (PW-4) for Sadar Hospital, Gaya as Ext-3 and also proved the letter of Dr. R. Prasad, Head of Department of Neuro Surgery Department, R.M.C.H, Ranchi addressed to the In-charge of Rafiganj Police Station, Aurangabad showing the fracture of maxilla bone of informant/injured. Ram Pravesh Singh (PW-1), who is nephew of informant/injured, Prayag Singh (PW-4) has stated in his evidence that at the time of occurrence he was present in the orchard then saw that the accused, Tribeni Singh asked to accused-appellant, Ram Ekbal Singh to assault Prayag Singh, on which the accused-appellant, Ram Ekbal Singh, gave knife blow to his uncle Prayag Singh. The attention was drawn in para 2 of his cross-examination regarding his statement given before the police to the effect that he was informed about the occurrence by Bhuiyan and at that time he was at his home. He also denied the suggestion of the defence that he was not present at that place. PW-5 Krishna Singh who is the brother of informant/injured, Prayag Singh (PW-4), has stated in his evidence that he was watching the paddy straw situated at Khalihan of Jagroop Bigha alongwith Hari Singh (not examined) and Ram Pravesh Singh (PW-1), where Prayag Singh (PW-4) came. At that time Triveni Singh, armed with Garasa and accused-appellant, Ram Ekbal Singh, armed with Chhura reached there and on the direction of Triveni Singh, the accused-appellant, Ram Ekbal Singh, gave Chhura blow to Prayag Singh (PW-4) causing injury at his cheek and ear. Thereafter, he rushed near Prayag Singh and carried him at police station Kasma and treatment was given to Prayag Singh at Kasma Hospital from where he was sent to Gaya and thereafter at Ranchi for treatment. The defence has drawn attention to this witness regarding his statement recorded before the police to the effect that he had stated before the police that he had not seen the occurrence and he came to know about the occurrence from Prayag Singh (PW-4). This witness has further stated in his cross-examination that he could not say the length and width of knife. This witness has further said that the place of occurrence was about 50 yards away from the orchard. This witness has further stated in his cross-examination that he could not say the length and width of knife. This witness has further said that the place of occurrence was about 50 yards away from the orchard. Prayag Singh (PW-4), who is the informant of the case and injured, has stated in his evidence that at the time of occurrence, he was bundling the paddy straw in the Khalihan situated at Jagroop Bigha in the south of his village. At that time his nephew Ram Pravesh Singh (PW-1), his father and brother, Krishna Singh (PW-5), were present. The accused, Triveni Singh armed with Lathi alongwith the accused-appellant, Ram Ekbal Singh, who was armed with knife, the accused, Bhim Singh and others came. Accused, Triveni Singh, asked him to withdraw the case relating to the buffalo on which he refused to withdraw the case. The accused, Triveni Singh, asked to cause injury from Chhura then Ram Ekbal Singh gave Chhura blow causing injury in his ear, cheek and neck, he fell down and became unconscious. Thereafter, he was carried at Kasma O.P. where his statement was recorded and he put thumb impression on reading over the same. This witness has further stated that he was treated at Kasma and referred to Rafiganj Hospital. He was also referred to Gaya. Thereafter Ranchi where he was treated about three months in spite of that his face became defaced. The attention was drawn by the defence to this witness regarding his statement before the police to the effect that the accused-appellant, Ram Ekbal Singh, had caused injury through Garasa while Kisun and Jagdhari caused injury through Lathi. 6. In this case the doctor, who examined the injured, Prayag Singh (PW-4), was not examined nor the injury report was brought on record. The I.O. had not been examined in this case. The defence has drawn the attention to the witnesses Ram Pravesh Singh (P.W.-1) Krishna Singh (PW-5) regarding their statements recorded by I.O. in which they have said about his absence on the P.O. and came to know about the occurrence from the others. The attention of the informant/injured, Prayag Singh (PW-4), was also drawn towards his earlier statement regarding the means of assault to that effect that he has stated before the police that accused-appellant, Ram Ekbal Singh, caused injury through Garasa and Kisun and Jagdhari caused him injury through Lathi. The attention of the informant/injured, Prayag Singh (PW-4), was also drawn towards his earlier statement regarding the means of assault to that effect that he has stated before the police that accused-appellant, Ram Ekbal Singh, caused injury through Garasa and Kisun and Jagdhari caused him injury through Lathi. There is also contradiction in the evidence and fardbeyan of Prayag Singh (PW-4) regarding the place of occurrence as in the fardbeyan, he has stated that the Khalihan to be situated in the orchard while in evidence, he has said that orchard is situated 50 steps away from the Khalihan. As such, the presence of PW-1 Ram Pravesh Singh and PW-5 Krishna Singh, who are nephew and brother of informant /injured Prayag Singh, at spot becomes doubtful. The evidence of Prayag Singh (PW-4), who is the informant and injured could not be relied upon due to lack of corroboration by other evidence. 7. Under the aforesaid facts and circumstances of the case, I come to the conclusion that prosecution has measurably been failed to prove its case and the charge under Section 307 of the Indian Penal Code against the accused-appellant, Ram Ekbal Singh. Accordingly, the judgment of conviction and order of sentence passed against the appellant are hereby set aside and the appeal is allowed and the appellant is acquitted to the charge. The appellant, Ram Ekbal Singh, is on bail, so he is discharged from the liabilities of his bail bond. Appeal allowed.