IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.12 of 2009 THE STATE OF BIHAR ………………Appellant Versus 1. Gulab Chourasia, 2. Ram Chandra Chourasia, both sons of late Satya Narayan Chourasia, 3. Ashok Chourasia, 4. Santosh Chourasia, both sons of Gulab Chourasia, all of village Sheopur, Police Station – Sonhan, District – Kaimur (Bbabhua) …Respondents ----------- 4/ 07.10.2009 This Government Appeal was heard at the stage of admission. Accused persons-respondents were charged under sections 341, 323, 324, 326 and 307 of the Indian Penal Code and, by the impugned judgment dated 8.5.2009, as passed in S.T. No. 235 of 2005 / 47 of 2006. The learned Trial Judge, i.e., the Additional Sessions Judge cum F.T.C. – I, Kaimoor (Bhabhua) acquitted them of the charges under sections 341, 324, 326 and 307 of the IPC and the respondents were convicted only under section 323 of the IPC. We have perused the judgment of the trial court. The learned trial judge has considered the evidence that one of the injuries on injured Kulvanti Kunwar was opined to be grievous but the X Ray report was never produced before the court. Besides this, no other evidence was produced that any of the injuries could be considered as grievous. In paragraph 27 of the judgment, the learned trial judge also considered that P.Ws. 1, 2 and 4 categorically stated in their evidence that after falling of the injured, there were sufficient opportunity with the assailants to kill the injured but they did not do - 2 - so. In these circumstances, the Trial Judge rightly took the view that a case under section 307 of the Indian Penal Code was not made out. In paragraph 18 of the judgment, the trial court considered that there was land dispute between the parties and the accused persons were in possession of the disputed land on which the occurrence took place. Thus, hearing learned counsel for the parties and considering the materials available on record, we do not find any ground to interfere with the finding of the learned trial judge. This Government Appeal is dismissed. Anil/ (C.M. Prasad, J.) (Dharnidhar Jha, J.)