Criminal Appeal (SJ) No.53 OF 1994 In the matter of an application under Section 374(2) of the Code of Criminal Procedure. ************ TILESHWAR SINGH aged about 32 years, S/o Shri Ram Ratan Singh, R/o Village-Lakhanpur, P.S.-Punpun, Distt.- Patna..(Accused)… (Appellant) Versus THE STATE OF BIHAR---------------------------------(Respondent) ************ For the Appellant : None. For the State : Ms. Indu Bala Pandey, APP. *********** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************* Anjana Prakash, J. No one appears on behalf of the appellant. The appellant has been convicted under Section 307 IPC and sentenced to five years RI by judgment dated 11.02.1994/14.02.1994 passed by Additional Sessions Judge-XII, Patna in S.Tr. No. 119 of 1990. The prosecution case is that on 28.04.1989 at about 7 A.M. a dispute arose between the parties for plucking of mangoes and thereafter the appellant came a little later and assaulted informant with “Khanti” on his head on account of which he sustained injuries. The prosecution in all examined five witnesses out of whom PW 3 is the informant who supported his case and PW 5 is the Doctor who examined the injured and found three injuries on his person. He opined that all the injuries were simple in nature. From the evidence adduced it appears that both the parties are neigbours and the occurrence took place on the spur of the moment over a minor dispute and in the facts of the case it does not appear to be a case under Section 307 IPC. In view of such, the conviction of the appellant is converted to one under Section 323 IPC and sentence to the period already undergone by him during trial. With these observations, the appeal is dismissed with modification as aforesaid. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th March, 2011. NAFR/Vikash/-