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2014 DIGILAW 100 (PAT)

Radhe Shyam Thakur v. State of Bihar

2014-01-21

AKHILESH CHANDRA

body2014
JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsel for the appellants and learned counsel for the State. 2. The three appellants have preferred this appeal against their conviction for the offence under Section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years on 20th August, 2001 by learned 6th Additional Sessions Judge, Saran at Chapra, in S. Tr. No. 689/1994 arising out of Amnour P.S. Case No. 91/90. 3. As submitted by the Bar and also emerging from the record that informant (P.W.3) has come out with the case that in a petty dispute the three appellants inflicted injuries upon him by deadly weapons and he became senseless brought to hospital with the help of co-villagers and others where he got treatment. 4. The prosecution by way of documentary evidence in this case for the offence under section 307/34 of Indian Penal Code produced following exhibits:— Exhibit 1– Signature of informant on Fardbeyan Exhibit 1/1-Signature of informant on Fardbeyan 5. P.W.1 Ram Janam Mahto, P.W.2 Nageshwar Rai and P.W.3 Sukeshwar Rai the informant are the three witnesses examined as ocular evidence, but for the reasons best known, in spite of assertions of injury being inflicted upon the informant (P.W.3) who was provided due treatment, there is no injury report on the record. Neither doctor nor Investigating Officer has been examined. 6. In absence of any materials corroborating allegation of injuries inflicted upon the informant specially when he was treated by a competent person having due authority at proper place, conviction of the appellants for the offence under section 324 or even under section 323 of the Indian Penal Code cannot sustained, consequently, it is set aside. Accordingly, this appeal is hereby allowed, appellants are set free from the liabilities of their respective bail bonds furnished on their behalf. 7. Let the lower court records be sent back to the court below forthwith.