IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.374 of 2011 MD. SAHABUDDIN, Son of Md. Anamul Haque, resident of village – Mahamuda, P.S. – Khudaganj, District – Nalanda. ….. Informant-Appellant. Versus 1. THE STATE OF BIHAR 2. Maksood Mian, Son of Mugaljan Mian. 3. Ayub Mian, Son of Maksood Mian. 4. Safdar Mian, son of Maksood Mian. 5. Ekrabul Mian, Son of Maksood Mian. 6. Manoj Mian, Son of Mazloom Mian. All are resident of village Kothari, P.S. Chandauti, District Gaya. 7. Md. Zuber, Son of Usman Mian. 8. Md. Shahru Mian, Son of Gali Mian. Respondent no. 7 and 8 are resident of village Chatar Ghat, P.S. – Chandauti, District – Gaya. ……. Accused-Respondents. ----------- 02/ 26.04.2011 Heard the learned lawyer for the appellant and the State. The appellant is aggrieved against the judgment dated 08.12.2010 passed by the learned Additional Sessions Judge No. 1, Gaya in Sessions Trial No. 158 of 2005 arising out of Chandauti P.S. Case No. 70 of 2001 whereby the appellant though convicted under Section 323 and 149 of the Indian Penal Code but were granted benefit of Section 3 of the Probation of Offenders Act, 1958. The appellant is aggrieved that due to non- examination of doctor only the allegation and evidence that firearm injury was caused was not believed by the court and the court heard in appreciation of the evidence. We perused the judgment and heard the submissions of the learned counsel for the appellant. The trial court has considered the evidence in detail but the evidence of doctor was not 2 on the record. The court had no alternative to disbelieve the accusation of Section 323 and 149 of the Indian Penal Code. The court has passed the correct order which needs no interference. The judgment requires no interference. The appeal is dismissed. Kundan (Shyam Kishore Sharma, J.) (Gopal Prasad, J.)