Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.964 of 2012 ====================================================== Ramchandra Sah son of Late Kamal Sah, resident of village Bhabhata, Police Station Sathi, District West Champaran. .... .... Informant/ Appellant/s Versus 1. The State Of Bihar 2. Bishwanath Sah son of Kamal Sah 3. Binalal Sah son of Late Nagina Sah 4. Pannalal Sah son of Sheonath Sah 5. Yadavlal Sah son of Sheonath Sah 6. Amiri Sah son of Binalal Sah 7. Kameshwar Sah son of Pannalal Sah 8. Ruplal Sah son of Bishwnath Sah All are resident of village Bhabhata, police station Sathi, District West Champaran. .... .... Accused/Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar No. 7. For the Respondent/s : Mr. A. K. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 03-10-2012 Heard learned lawyer for the appellant and the State. The appellant has challenged the judgment dated 18.7.2012 passed by learned Additional Sessions Judge, III, West Champaran at Bettiah in Sessions Trial No. 814 of 2007 arising out of Sathi P. S. Case No. 57 of 2006 whereby the accused persons, namely, Bishwanath Sah, Binalal Sah, Pannalal Sah, Yadav lal Sah, Amiri Sah, Kameshwar Sah, and Ruplal Sah were found guilty under [STATUTE] and for that they were dealt with under the provisions of Section 3 of Probation of Patna High Court CR. APP (DB) No.964 of 2012 (2) dt.03-10-2012 2 Offenders Act. Learned counsel for the appellant has submitted that the accused should have been convicted under [STATUTE] also for which they were charged. According to prosecution case, it appears that there was enmity between two sides from before. On the date of occurrence the accused persons have been assaulted by the prosecution side for which a case was also registered. In course of investigation, the victim was treated and injuries were not found to be grievous. Even the interlinking circumstances which were must for establishing the charge under [STATUTE] would not be established and so that the accused persons were not held guilty under the aforesaid section. The judgment has dealt with every aspect of the matter and the trial court has given good reasoning for finding the accused not guilty under [STATUTE] . The judgment under challenge needs no interference. In the result, this appeal is held to be without merit and it is, accordingly, dismissed. Kanchan/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.