IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34738 of 2008
Shambhu Rai S/o Late Saroj Rai Resident of Village-Minapur, P.S.
Town, Distt.-Vaishali.
Versus
The State Of Bihar & Ors
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2 11.07.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is aggrieved by the order dated 25.08.2006 by
which the Court discharged the petitioner for the offences under
Section 307 of the Indian Penal Code.
The allegation is that the opposite parties had given a
lathi blow on the head of the informant which has caused an injury
on the head.
According to the Court below the injuries was simple in
nature and therefore no case under Section 307 of the I.P.C is
made out.
This Court comes to the conclusion that in fact offence
is made out under Section 307 of the I.P.C on the basis of the fact
that injury is on the vital part of body and is serious in nature.
This application is disposed of with the aforesaid
observation.
Prakash ( Sheema Ali Khan, J.)