IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.9 of 2010 The State Of Bihar ……..Appellant Versus 1. Nawal Kishore Singh, son of Yadunandan Prasad Singh. 2. Janardan Singh, son of Late Radhey Singh 3. Ranjit Kumar, son of Janarayan Singh. All are resident of village-Kanma, P.S.-Marhat, District- Nawadah(Accused). …….Respondents. For the Appellant : Mr. Ram Priyasharan Singh, A.P.P. ----------- 04. 05.03.2010 This Government Appeal is against the judgment dated 06.08.2009 passed in Sessions Trial No. 3 of 1997/228 of 2005 whereby respondent Nos. 1 and 2 were acquitted from the charge under Section 307/34 of the Indian Penal Code and respondent No. 3 was convicted under Section 323 of the Indian Penal Code and he has been admonished under the provision of Section 3 of the Probation of Offenders Act. The allegation was that the assault was by means of Garasa, which is a sharp cutting weapon, but the doctor has not found any corresponding injury and considering this the learned Additional Sessions Judge has passed judgment of conviction under Section 323 of the Indian Penal Code in respect of respondent No. 3, Ranjit Kumar only. There was contradiction in the prosecution, 2 oral version and the medical version. So the Court was justified in passing the judgment impugned. In the result, this appeal is held to be without merit and is dismissed in limine. Shageer (Shyam Kishore Sharma, J) (Dinesh Kumar Singh, J)