IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32700 of 2008
1. Ram Naresh Singh, Son of Shagheshwar Singh.
2. Ram Dulari Devi, Wife o Shugheshwar Singh.
3. Punam Devi, Wife of late Shambhu Singh.
4. Doman Singh, Son of late Radhe Shyam Singh.
5. Surendra Singh, Son of Doman Singh.
6. Rabindra Kumar Singh @ Rabindar Singh, Son of Doman Singh
7. Ram Ishwar Singh
8. Shiv Chandra Singh, Sl No. 7 and 8 both sons of late Ram Saran Singh.
All residents of village Kurhari, PS Bhagwanpur, District Vaishali. ---- Petitioners
Versus
1. The State Of Bihar.
2. Ram Dayal Singh, Son of Ram Lagan Singh, Resident of Village Saidpur Dumara, PS
Patepur, District Vaishali --- Opposite Parties.
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2 1.7.2011 Learned counsel for the petitioners is aggrieved by the
fact that although the charge sheet was submitted under Section
306 of the Indian Penal Code, the prosecution application to frame
charges under Section 302/34 of the Indian Penal Code has been
allowed. The question whether an offence is made out under
Section 302 or 306 of the Indian Penal Code can be considered by
the Court below even after charges are framed. The evidence
would have to be examined by the Trial Court before concluding
as to whether the offence is under Section 302 or 306 of the Indian
Penal Code. Both offences are triable by the Sessions Judge and
as such no prejudice would be caused to the accused petitioners.
They would have the liberty to place their arguments regarding
this aspect of the matter after evidence is led in this matter.
This application is disposed of with the aforesaid
observation.
Sanjay ( Sheema Ali Khan, J.)