IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1148 of 2011 1.Tarani Prasad Rai S/O Late Nanda Rai R/O Village- Hansi Kewal, P.S.- Bhagwanpur, Distt.- Vaishali. Versus 1. The State of Bihar 2. Rajgir Rai S/o Lagan Rai 3.Nanda Rai S/o late Sundar Rai Both are R/o village-Hansi Kewal P.S.-Bhagwanpur, Dist.- Vaishali --------- 4. 18.1.2012. The present appeal is directed against the judgment dated 19.7.2011 passed by the trial court in Sessions Trial No.424 of 2007 by which the trial court though held opposite party nos.2 and 3 guilty for the offence punishable under sections 323, 149 and 148 of the Indian Penal Code but acquitted them under section 307 of the Indian Penal Code. We have heard the appellant and have gone through the judgment. The case of the prosecution was that the accused persons along with thirteen other persons came and started uprooting flour mill and removing the property from it. They burnt the hutment. Then the informant, who is appellant before this court, along with his brother came there to stop them. At this stage there was altercation between the parties. The injuries suffered are simple in nature though the doctor has opined that it is grievous because it entailed hospitalization for twenty days. The trial court rejected this on the ground that there was no evidence to support hospitalization for twenty days which is a condition under section 320 eighthly of the Indian Penal Code. The facts do not disclose any intent to kill. We do not see any illegality/perversity in the judgment rendered by the trial court. We see no reason to interfere. The leave to appeal is refused. Consequently, the appeal is dismissed. Md.S. (Navaniti Prasad Singh, J.) ( Ashwani Kumar Singh, J.) 2