Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.192 of 2012 ====================================================== Shankar Sah S/O Jagnath Sah R/O Vill-Pokhariapur, Sadpura, P.S. Kazi Mohammadpur, Distt-Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Suresh Prasad S/O Late Sita Ram Sah R/O Moh-Sadpura Pokharia, P.S. Kazi Mohammad, Distt-Muzaffarpur. 3. Nagendra Sah S/O Late Bhubneshwar Sah R/O Moh-Sadpura Pokharia, P.S. Kazi Mohammad, Distt-Muzaffarpur. 4. Raju Paswan S/O Late Muneshwar Paswan R/O Moh-Sadpura Pokharia, P.S. Kazi Mohammad, Distt-Muzaffarpur. 5. Shankar Choudhary S/O Singheshwar Chaudhary R/O Moh-Sadpura Pokharia, P.S.Kazi Mohammadpur, Distt-Muzaffarpur. 6. Hridaya Narain Sah S/O Shyam Sundar Sah R/O Moh-Sadpura Pokharia, P.S.Kazi Mohammadpur, Distt-Muzaffarpur. 7. Tinku Kumar S/O Suresh Prasad R/O Moh-Sadpura Pokharia, P.S.Kazi Mohammadpur, Distt-Muzaffarpur. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 24-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present revision application is directed against the order dated 09.01.2012 passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 2105 of 2011, Tr. No. 2153 of 2011 by which the court has not framed charge under [STATUTE] against the opposite parties no. 2 to 7. Patna High Court CR. REV. No.192 of 2012 (2) dt.24-04-2012 2 Learned counsel for the petitioner submits that from the complaint petition as well as statement of witnesses examined under Section 202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) as well as from the injury report, it is clear that the accused had assaulted the petitioner, who is the complainant, with a view to kill him and thus the court by not framing charge under [STATUTE] , has committed error both in law as well on facts. It is stated that the witnesses have also stated that if the police had not intervened then the petitioner would have lost his life. Upon hearing learned counsel for the parties, this Court is inclined to dispose off the matter with liberty to the petitioner to file an appropriate application before the trial court, if sufficient materials come during trial, indicating that the accused ought to be charged with graver sections including [STATUTE] . If such a petition is filed, the court concerned shall pass appropriate orders under Section 216 of the Code in accordance with law taking into consideration the materials on record as well as the deposition of the witnesses. Anjani/- (Ahsanuddin Amanullah, 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.