Case Facts:
Patna High Court Cr.Misc. No.34121 of 2009 (2) dt.12-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34121 of 2009 ===================================================== 1. Lakhan Ram, son of Late Sadhu Ram. 2. Suraj Kumar, son of Laxmi Ram. 3. Rajiv Kumar, son of Lakhan Ram. 4. Laxmi Ram, son of Lakhan Ram. 5. Daymanti Devi, wife of Laxmi Ram. All 1 to 5 resident of village-Manpur, Police Station-Buniadganj, District-Gaya. 6. Jainandra Kumar alias Vikki, son of Late Ram Swaroop Ram, resident of village-Dulhibigha, Police Station-Shikari, District-Gaya. .... .... Petitioners. Versus 1. The State of Bihar. 2. Anil Ravidas, son of Akshaylal Ravidas, resident of village-Hed Manpur, Police Station-Buniadganj, District-Gaya. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : Mr. Md.Naushaduzzoha, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 2 12-03-2012 Heard the parties. The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 21.7.2009 passed in Sessions Trial No.90 of 2009 by the Additional District and Sessions Judge-II, Gaya, dismissing the application of the petitioners filed under Section 228 of the Code of Criminal Procedure to remit the case either to the court of the committing Magistrate or to the court of the Chief Judicial Magistrate, Gaya, for disposal as the offence under [STATUTE] is not made out against the petitioners and Patna High Court Cr.Misc. No.34121 of 2009 (2) dt.12-03-2012 the rest offences are triable by the Magistrate of First Class. Perused the impugned order dated 21.7.2009 passed by the Additional District and Sessions Judge-II, Gaya, in Sessions Trial No.90 of 2009. It appears from the impugned order that the learned Additional District and Sessions Judge-II, Gaya, on taking into consideration the two injuries as caused on the vital part of the body of the injured and the opinion of the doctor that the same may be dangerous to life, dismissed the application filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure to remit the case either to the court of the committing Magistrate or to the court of the Chief Judicial Magistrate, Gaya, for disposal. Apparently, I find no illegality in the impugned order dated 21.7.2009 passed by the Additional District and Sessions Judge-II, Gaya, in Sessions Trial No.90 of 2009, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. P.S./- (Rajendra Kumar Mishra, 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.