IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.20 of 2009 THE STATE OF BIHAR Versus 1. Mahanth Yadav, S/o. Late Laxmi Yadav, 2. Dhupan Yadav, S/o. Late Kari Yadav, 3. Suba Yadav, S/o. Late Kari Yadav, 4. Kishori Yadav, S/o. Ganga Yadav, 5. Ganga Yadav, S/o. late Ramashray Yadav, 6. Udho Yadav, S/o. Ganga Yadav, 7. Madho Yadav S/o. Ganga Yadav, 8. Hari Yadav, S/o. Ganga Yadav, All r/o. village- Sanwariya, P.S. Inarwa, District- West Champaran (Bettiah). ----------- Ref:- I.A. No.2489 of 2009 02. 01.12.2009 I.A. No.2489 of 2009 is a petition under Section 5 of Limitation Act, wherein a prayer has been made for condoning the delay of one month in filing of this Government Appeal against the judgment dated 20.07.2009 of acquittal passed by the 2nd Addl. Sessions Judge, West Champaran, Betia in Sessions Trial No.225 of 1999 acquitting the respondents of the charges under Sections 147, 307/149, 504 & 114 of the I.P.C. While hearing the I.A. incidentally we have gone through the judgment of the learned trial-court. The learned trial-court has based the acquittal on the basis of the contradictory evidence of the witnesses with respect to the place of occurrence, time of occurrence and the weapons used and the injuries caused and also that the 2 injury certificate granted by the doctor did not mention the time of examination so that the approximate time of occurrence could be assessed through the medical evidence. We feel that the reasons assigned by the trial- court for passing the judgment of acquittal are sound. We also do not find any reasonable explanation for the delay in the filing of this appeal. Therefore, the prayer for condoning the delay is refused. Accordingly, the I.A. is dismissed. As a consequence of the dismissal of the I.A., leave to file the government appeal is refused and it will stand dismissed. Mkr. (C.M. Prasad, J.) (Dharnidhar Jha, J.)