Md. Suleman Mian vs The State of Bihar

Anjana Prakash, J.—The Appellant has been convicted u/s 326 I.P.C. and Section 27 of the Arms Act and sentenced to rigorous imprisonment for 3 and 2 years respectively by the learned 1st Assistant Sessions Judge, Khagaria in Sessions Case No. 90 of 1990 by the judgment dated 14.11.1995.

The case of the prosecution is that on 14.12.1988 the informant suddenly heard some sound and when she went to the said place, she found her husband lying injured and she saw the Appellants fleeing away from there.

The prosecution in all examined 8 witnesses out of whom P.W. 6 is the informant whereas the Brahmdeo Chaudhary has been examined as a court witness. He deposed that on the date of occurrence the Appellant had fired at him and fled away on account of earlier dispute between them. P.W. 8 is the formal in nature who has proved the discharge slips of the hospital with regard to the injured, P.W. 2 and P.W. 5 are also on the point of factor of occurrence whereas P.W. 4 is the witness who arrived after the occurrence, P.W. 1 has been declared hostile in the present case neither the Investigating Officer nor the Doctor has been examined and, therefore, the injury sustained by the injured has remained uncorroborated. In the absence of the injury report, it is unsafe to convict the Appellant u/s 326 I.P.C. only on the oral evidence of the witnesses.

In the result, the appeal is allowed and the order of conviction and sentence passed against the Appellant by learned 1st Assistant Sessions Judge, Khagaria in Sessions Case No. 90 of 1990 by the judgment dated 14.11.1995 is hereby set aside and he is acquitted of his charges. The Appellant is discharged from the liabilities of his bail bonds.