Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34152 of 2009 ====================================================== Rakesh Kumar .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Rakesh Kr. Chandran For the State : Mr. Jharkhandi Upadhayay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 4 11-12-2012 Heard learned counsel for the parties. Allegation is about causing assault to the informant including by means of garasa on head that much only is in dispute. Injury caused by garasa is taken for cognizance under [STATUTE] and framing charge under [STATUTE] . Defence on behalf of accused persons was that no offence under [STATUTE] was constituting so the order of framing of charge was challenged by filing Cr. Revision no. 312/07 which is allowed observing constitution of no offence under [STATUTE] . According to learned counsel for the petitioner, garasa blow is aimed on head, so intention to kill may be gathered that has been taken into consideration but intention to kill is doubted that there was no repetition and injury was simple only, certainly Patna High Court Cr.Misc. No.34152 of 2009 (4) dt.11-12-2012 2 constituting offence under [STATUTE] only. As such, I find no mistake committed in the order dated 8.7.2009 passed by the Sessions Judge, Patna in Criminal Revision No. 312 of 2007. This application is accordingly, dismissed. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.