Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7398 of 2012 ====================================================== 1. Ram Narain Goswami S/O Dwarika Goswami, 2. Jyotish Goswami 3. Shashi Bhushan Goswami 4. Ranjeet Goswami all S/O Ramnarain Goswami 5. Hirdya Devi W/O Ram Narain Goswami All Resident Of Village- Madho Math, P.S.- Fulwaria (Sripur O.P.), Dist.- Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. Misalawati Devi W/O Baij Nath Goswami Resident Of Village- Madhomath, P.O.- Bathuabagar, P.S.- Fulwaria (Sripur O.P.), Dist.- Gopalganj .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 06-07-2012 Heard the parties. The Petitioners seek quashing of the order dated 19.02.2012 passed by the FTC III, Gopalganj, in Sessions Trial No.104 of 2011 by which the petition filed under section 228 Cr. P.C. has been disallowed. It has been submitted that no offence under [STATUTE] is made out. However, even if charge under [STATUTE] is framed against the Petitioners no prejudice would be caused to them since the same can be amended even at the stage of trial. Patna High Court Cr.Misc. No.7398 of 2012 (2) dt.06-07-2012 2 / 2 2 The application is dismissed. JA/- (Anjana Prakash, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.