Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.29 of 2011 The State Of Bihar …………Appellant Versus 1. Bijendra Yadav, son of Bhaijee Yadav, 2. Nripendra Kumar, son of Laxmi Narain Yadav, 3. Bhaijee Yadav, son of late Baneshwar yadav, 4. Sunil Yadav alias Domi Yadav, son of Bhaijee Yadav, 5. Ashok Yadav, son of Mohan Yadav, all residents of village – Musaharnia , P.S. Sour Bazar, District – Saharsa …….. Respondents. ---------------------------------- 3/ 2.1.2012 Heard the learned Additional Public Prosecutor on the ground of limitation and appeal against acquittal of charges under [STATUTE] while convicting under [STATUTE] . We have perused the judgment of the learned Additional Sessions Judge, FTC – III, Saharsa passed in S.T. No.206/2007 / 43 of 2008. In our view, the view taken by the learned court below is not such which requires interference by this Court. It is the admitted case of the prosecution that the dispute arose over a goat grazing in other person’s field. There was spontaneous altercation in which simple injuries were received. Grievous injuries, much less life threatening injuries, have not been proved. There is a case and counter case. Charge Sheet has been submitted in both the cases. Though there is allegation of causing injury by Farsa but it has not been proved. The doctor has found all injuries to be caused by hard blunt substance. There is a delay of about six months in filing this Government Appeal. The Additional Public Prosecutor, who conducted the case, allegedly, took over two months to - 2 - recommend filing of the appeal. We are not satisfied that the delay has been properly explained. In view of all the above facts, we are not inclined to entertain this appeal. It is dismissed accordingly. Anil/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.