IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.388 of 2011 MAHABUDDIN SHEIKH SON OF LATE JALALUDDIN RESIDENT OF VILLAGE NAYA BHOJPUR,P.S.DUMRAON, DISTRICT BUXAR ----- APPELLANT Versus 1. THE STATE OF BIHAR 2. IMTIYAZ KHAN SON OF LATE MOHIDDIN 3. MANANI KHAN SON OF SHAMSER KHAN 4. USMAN KHAN SON OF SHAMSER KHAN 5. SARFARAZ KHAN SON OF SHAMSER KHAN 6. SUBHANI KHAN SON OF SHAMSER KHAN 7. IRSHAD KHAN SON OF LATE MAHIDDIN 8. BHOLAN KHAN SON OF USMAN KHAN 9. NUMAKI KHAN SON OF LSHAMSER KHAN 10. GUDDU KHAN SON OF MANANI KHAN ALL RESIDENT OF VILLAGE NAYA BHOJPUR,P.S.DUMRAON, DISTRICT BUXAR ----- RESPONDENTS --------- 02/ 27.04.2011 Heard learned counsel for the appellant and the State. The appellant has challenged the judgment and order dated 28.1.2011 passed by Sri K.K.Shrivastava, Additional Sessions Judge, Fast Track Court No.IV, Buxar in Sessions Trial No. 541 of 2006 whereby respondent nos. 2 to 10 have been acquitted for offences under Sections 447,504 and 307/34 of the Indian Penal Code but they have been convicted under Sections 341 and 323 of the Indian Penal Code and have been released under Section 3 (A) of the Probation of Offenders Act after due admonition. Learned counsel for the appellant has challenged the judgment and order on the 2 ground that the offence under Section 307 of the Indian Penal Code was made out, so the accused persons should have been convicted also under Section 307 of the Indian Penal Code. We have perused the evidence of the doctor who has found only one injury and nature of injury was not made available to the doctor who treated the victim because the injured was referred for X-ray and X-ray report was not produced before him. Doctor has further stated in his cross-examination that the injury was not such which was dangerous to life. Therefore, the trial court was right in not convicting the accused persons under Sections 307 of the Indian Penal Code. We find no merit in the submissions of the appellant. Accordingly, this appeal is dismissed in limine. Tahir/- ( Shyam Kishore Sharma, J. ) ( Gopal Prasad, J.)