IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1034 of 2008
1. Satyendra Kumar Singh, son of Late Bharat
Singh
2. Ganesh Singh, son of late Bharat Singh
3. Lalan Singh, son of late Bharat Singh.
Above all are resident of village Nawada,
P.S. Rivilganj, District- Saran.
... Petitioners.
Versus
The State Of Bihar .. Opposite Party.
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For the petitioner :Mr. V. K. Singh, Adv.
For the State Mrs. Indu Bala Pandey, APP.
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3. 21.11.2011 The accused- petitioners have
preferred this revision application against the
order dated 9.6.2008 passed by the learned
Additional Sessions Judge, FTC-2, Chapra in
Sessions Trial No. 395 of 2005 by which their
petition under Section 228 Cr.P.C. has been
dismissed.
Learned counsel for the petitioners
submits that the case was instituted under
Sections 341, 323, 325, 379 and 504/34 I.P.C.
but after investigation charge-sheet has been
submitted also for the offence punishable under
Section 307 I.P.C. without any basis.
Learned counsel for the State submits
that the allegation against the accused is
to have shot fire by firearms although it did
not hit anyone but the action of the accused
shows that they had intention to kill the
2
informant. There is also allegation and
evidence that they have assaulted the informant
mercilessly and due to intervention of the co-
villagers they have fled away. She has further
stated that there is material in the case-diary
to show that the accused have also committed
offence under Section 307 I.P.C.
After hearing learned counsel for
both the parties and on perusal of the carbon
copy of the case-diary it appears that the
learned trial court has considered the material
in the case-diary and has come to the
conclusion that an offence under Section 307
I.P.C. is also made out against the accused.
Considering the facts and
circumstances, I do not find any ground to
interfere with the impugned order. This
petition is dismissed.
Kanchan (Amaresh Kumar Lal, J.)