IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40062 of 2008
Heera Lal Yadav, Son of late Rajeshwar Yadav, Resident of Village Chanduki, PS Harpur,
District Munger ----- Petitioner
Versus
1. The State Of Bihar.
2. Duryodhan Yadav, Son of late Singeshwar Yadav
3. Pankaj Yadav
4. Sahnkar Yadav
5. Bodho Devi, Sons of Duryodhan Yadav
6. Saguni Devi, Wfie of Duryodhan Yadav, All resident of village Chanduki, PS Harpur,
District Munger ---- Opposite Parties
-----------
2 25.7.2011 Learned counsel for the petitioner submits that there is an
injury on the head inflicted by a Khanti, and as such, it is a case where
there was intention on behalf of the accused to cause death of opposite
party no. 2. On perusal of the First Information Report, it would appear
that there was a single blow inflicted on the head of the informant which
was not repeated. The First Information Report would also disclose that
there was a dispute with respect to some land between the parties which
was cause of this occurrence.
Learned counsel for the petitioner submits that the intention
of the petitioner is demonstrated by the fact that he had inflicted an
injury on the head which is a vital part of the body. The Court has noted
that the injury was simple in nature and that the blow was not repeated
and, therefore, there could not have been any intention on part of the
opposite parties to cause the death of the petitioner. It has also been
come on record that the said injury did not lead to a prolong treatment
from which it can be inferred that the injury was dangerous to health.
If in future, the Court comes to the conclusion, while taking
evidence during the trial that there was intention to cause death and the
2
occurrence did not place in the heat of the moment, it would be open to
the Court to alter the charges and send the case for trial to the Sessions
Court.
At this stage, I find no ground to intervene with the order
impugned dated 4.7.2008 by which the Court below has held that no
case is made out for framing charges under Section 307 of the Indian
Penal Code in Sessions Trial No. 695 of 2007.
This application is dismissed.
Sanjay (Sheema Ali Khan, J.)