JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. The two appellants have preferred this appeal against their conviction for the offences under Section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 200/-, in default, further to undergo rigorous imprisonment for three months, as awarded by learned 6th Additional Sessions Judge, Saran at Chapra, on 5th July, 2001, in connection with Session Trial No. 288/90 arising out of Amnour P.S. Case No. 127/88. 3. The two appellants have faced trial for the offences under Sections 307/34 of the Indian Penal Code in the case instituted on the statement of one Dinesh Kumar Singh (not examined) recorded on 18.08.1988 at 18.15 hours at Sadar Hospital, Chapra at Saran, by Ranvir Singh, A.S.I. (not examined) of Bhagwan Bazar Police Station, is that while informant was coming back from market he was intercepted by the appellants and stabbed. The witnesses have seen the occurrence which took place due to some earlier dispute. 4. During trial prosecution has produced by way of documentary evidence only Fardbeyan (exhibit 1) and formal First Information Report (Exhibit 2) besides producing four witnesses out of whom P.W.2 Sant Lal Rai and P.W.4 Ramdeo Rai were tendered for cross examination, during which they have stated about not witnessing the names of assailants. P.W.1 Vidya Singh and P.W.3 Dhup Nath Singh, though in examination in chief stated about the prosecution version but could not stood the test of cross examination. 5. It is rightly pointed out by learned counsel for the appellants that in the absence of the informant cum solitary injured, the doctor, injury report, the prosecution case cannot be held sustainable, that apart Investigating Officer is also not examined and for such glaring laches on the part of prosecution there is no explanation at all. 6. Learned Additional Public Prosecutor in spite of best efforts could not be able to meet such submissions. 7. Having regard to the facts and circumstances stated above, conviction and sentence of the appellants is set aside. The appeal is hereby allowed. They are free from the liabilities of respective bail bond furnished on their behalf. 8. Let the lower court records be sent back to the court below forthwith.