Shiva Kumar Ram @ Sheo Kumar Harizan and Others vs The State of Bihar

Anjana Prakash, J.—The Appellant Nos. 1, 2 and 3 have been convicted u/s 436 I.P.C. and sentenced to rigorous imprisonment for fears whereas the Appellant Nos. 4 and 5 have been convicted u/s 436/34 I.P.C. and sentenced to 2 years rigorous by the judgment dated 5.5.1995 passed by the ,IInd Addl. Sessions Judge, Buxar in Tr. No. 907/89.

The prosecution case is that on the night of 13.10.1987 the accused person came to the hut of the informant and whereas the Appellant Nos. 1, 2 and 3 set fire on the hut of the informant rest of the 2 participated in such occurrence.

During trial the prosecution examined altogether 5 witnesses out of whom P.W. 5 is the Investigating Officer whereas P.W. 1 and 4 are the seizure witnesses. P.W. 3 who is the informant and the sole important witness has conceded that he had named the accused persons on the basis of suspicion.

In view of such, the prosecution has failed to prove its case beyond all reasonable doubts.

In the result the appeal is allowed and conviction and sentence of the Appellants passed by learned IInd Addl. Sessions Judge, Buxar by the judgment dated 5.5.1995 in Tr. No. 907/89 are hereby set aside and the Appellants are discharged from the liabilities of their bail bonds.