IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) NO.1178 OF 2011 LADDU LAL YADAV @ LADDU LAL SONOF LATE SONAI LAL YADAV, R/O SARBSIMA, P.S.- BHAIRAVSTHAN, DISTRICT- MADHUBANI VERSUS 1. THE STATE OF BIHAR 2. BISHUN YADAV SON OF MAHABIR YADAV 3. LILA DEVI WIFE OF BASUDEV YADAV 4. DHANESHWARI DEVI WIFE OF MAHAVIR YADAV 5. BASO YADAV SON OF MAHABIR YADAV 6. MAHAVIR YADAV SON OF LAT KESO YADAV 7. KISHUN YADAV SON OF MAHABIR YADAV ALL RESIDENT OF VILLAGE- SARBSIMA, P.S.- BHAIRAVSTHAN, DISTRICT- MADHUBANI ---------------------------------- 2 16/12/2011 The present appeal has been filed against the judgment and order dated 26.8.2001 passed in Sessions Trial No. 240 of 2008 by the learned Additional Sessions Judge, F.T.C. No. III, Madhubani by which the respondents have been acquitted for the charges under sections 341, 504, 307/34 of the Indian Penal Code though have been convicted for the charge under section 323 IPC. The evidence on record suggests that the assault was made by axe (sharp cutting weapon) though the injuries found by the doctor PW 9, as discussed in paragraph 7 of the impugned judgment, have been caused by hard and blunt substance. We do not find any perversity in appraisal of evidence. Considering the evidence on record, we 2 are not inclined to interfere with the impugned judgment. Accordingly, this appeal is dismissed. (Shyam Kishore Sharma, J.) (Dinesh Kumar Singh, J.) avin