IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.53489 of 2007
GANGO YADAV
Versus
STATE OF BIHAR
-----------
4. 15.7.2008 Heard.
The petitioner is in custody in a case
under Section 302 IPC and is alleged to have
fired a shot hitting the deceased in his belly
at the orders of one Parmanand Yadav.
The contention is that two witnesses in
paragraphs 62 and 63 have stated that the
deceased and one Pandav Yadav had scuffle
between them and the deceased happened to have
the injury in that scuffle. As regards the
contention of the learned counsel on
constitution of an offence, this has to be seen
on the basis of the material of the trial.
Further defence is of false implication on
account of previous enmity which is admitted in
the F.I.R. itself.
Be that as it may, the petitioner is
the assailant of the deceased and, as such, his
prayer is dismissed.
( Dharnidhar Jha, J. )
B.Kr.