SHYAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant No. 1 has been convicted under Section 323 IPC but released on execution of bond for a period of one year and the Appellant No. 2 has been convicted under Section 324 IPC and sentenced to three years RI by a judgment dated 11.08.1994 passed by 1st Additional Sessions Judge, Bhagalpur in S. Tr. No. 115 of 1990/369 of 1990.

(2.) THE prosecution case is that on 16.11.1989 P.W. 1, the informant stated that the Appellants were her brothers -in -law with whom there was partition dispute and on the fateful day an altercation arose between them in course of which the Appellants assaulted her husband.

(3.) ON going through the evidence on record, I find admittedly that the parties are close relatives and there was land dispute between them on account of which this occurrence took place. P.W. 7, the Investigating Officer of the case has deposed that the witnesses had materially contradicted themselves on the manner of occurrence as well as the weapons that had been used by the accused persons. P.W. 4, the Doctor also did not find corroborative injuries on the person of the informant which belies the prosecution case. In the result, the appeal is allowed and the judgment dated 11.08.1994 passed by 1st Additional Sessions Judge, Bhagalpur in S. Tr. No. 115 of 1990/369 of 1990 is set aside. The Appellants are discharged of the liability of their bail bonds.