Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30933 of 2012 ====================================================== 1. Suman Singh, S/O Late Girija Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. 2. Umesh Singh, S/O Late Girija Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. 3. Kaushal Singh, S/O Baleshwar Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. 4. Narendra Singh, S/O Baleshwar Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. 5. Baleshwar Singh, S/O Late Ram Nandan Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. 6. Radhesh Singh, S/O Sidhnath Singh, R/O Village- Jalpura, P.S- Paliganj, Distt- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M.K. Ambastha, Adv. Mr. R.B. Sharan, Adv. For the State : Mr. S.K. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 06.12.2012 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order dated 17.5.2012 passed in Sessions Trial No. 1475 of 201, Trial No. 377 of 2011 by which the Additional Sessions Judge, Vth, Danapur, has dismissed an application under Sections 227 and 228 Cr. P.C. Since the Petitioner seeks discharge and amendment of charge on questions of fact which can only be adjudicated during Trial and no prejudice would be caused to the Petitioners Patna High Court Cr.Misc. No.30933 of 2012 (2) dt.06-12-2012 2 / 2 2 even charge under [STATUTE] is framed, I am not inclined to interfere in the matter. The application is dismissed. S.Ali (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.