IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.685 of 2011 Rita Devi, wife of Sri Krishna Chandra Kunwar, Resident of village- Ghorpithiya, P.S. Shahkund, District-Bhagalpur. Versus 1. The State Of Bihar . 2. Dinesh Kunwar. 3. Ramchandra Kunwar, both Opp Parties No. 2 and 3 sons of Jaganath Kunwar. 4. Sanjay Kunwar. 5. Sunil Kunwar. 6. Shankar @ Babloo Kunwar all opposite parties no. 4 to 6, sons of Ram Prakash Kunwar. 7. Rajesh Kunwar. 8. Rajeev @ Tantan Kunwar, both opposite parties no. 7 and 8 sons of Sri Dinesh Kunwar, all opposite parties no. 2 to 8, residents of village-Ghorpithiya, p.s. Shahkund, District-Bhagalpur. ----------- 04. 29.07.2011 This is an appeal by the informant for convicting the accused for a lesser offence. The accused persons were charged under Sections 323 380, 307/149 of the Indian Penal Code and 27 of the Arms Act. The trial court on appreciation of evidence held the charge under sections 307/149, 380 I.P.C. and 27 Arms Act to be not proved beyond reasonable doubts and thus acquitted them of aforesaid charges. However exercising the powers conferred under Section 222 (2) Cr. P.C. the accused Dinesh Kunwar has been convicted for the minor offence punishable under Section 324 I.P.C. although he was not charged with it and rest of the accused have been held guilty for the offence punishable under Section 323 I.P.C. We have heard learned counsel for the appellant. In view of the grave inconsistency between the version as recorded in the F.I.R. of the informant and subsequently in course of trial where she has developed the case further and added new dimensions, in our view, the trial court acted within its jurisdiction to acquit the 2 accused of the charge under Sections 307/149, 380 of the Indian Penal Code and 27 of the Arms Act due to insufficiency of evidence. Let it be noted that as against Sunil Kunwar in the F.I.R, it is alleged that he assaulted the informant with the butt of the pistol. Surely, that cannot constitute an offence under Section 307 of the Indian Penal Code. There is no mention in the F.I.R. that Dinesh Kunwar was even armed with farsa but in course of trial, the informant deliberately exaggerated her version by deposing that Dinesh Kunwar was not only armed with Farsa but he assaulted by it too upon her head. In view of aforesaid facts, we are not inclined to interfere in this matter. We find no merit in this appeal. The trial court has neither erred on law nor on facts. Leave to appeal is thus not granted and the appeal is dismissed. Devendra ( Navaniti Prasad Singh, J.) ( Ashwani Kumar Singh, J.)