IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No. 16 of 2011 The State of Bihar ………………Appellant Versus Tuntun Mandal, Son of Ratan Lal Mandal, resident of village- Mahdeva, P.S.-Bariarpur, District-Munger. ……….Respondent. ----------- 6. 18.07.2011 This Government appeal has been filed under Section 374 (2) of the Code of Criminal Procedure. The appeal is late by over two months, a condonation application has been filed. Heard the learned Government advocate in support of appeal and in support of condonation application. Even though, in our opinion, the application for condonation does not show the bona fides of the delay, we have considered the matter on merit as well. The trial court has rightly acquitted the sole accused. The trial court has noted that the F.I.R. itself was lodged after 15 days and that all injury reports were not produced. The charge was framed under Section 307 and other sections of the IPC on the allegations that the accused, who is first cousin of the victim girl, beat her on the head with the butt of the pistol. That clearly shows that the trial court rightly held the view that it constitutes no offence under section 307 IPC. 2 In our view, the judgment under appeal is neither perverse in fact nor in law. In that view of the matter, we are not inclined to interfere in the matter. This appeal is dismissed. Sanjeet/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)