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: 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.