Case Facts:
Patna High Court Cr.Misc. No.17318 of 2011 (6) dt.22-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17318 of 2011 ====================================================== Sahdeo Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 22-11-2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 28th March 2011 passed by Additional Sessions Judge-I, Patna in Sessions Trial No. a1599 of 2009, arising out of Fatuha P.S.Case No. 351 of 2008 for the offences [STATUTE] egations have been made that ¾ days before, the complainant had gone to plough the field of Naresh Singh by tractor. During the ploughing, one tyre of the tractor had gone into the field of petitioner. After ploughing the field, the informant returned back with the tractor. On 17th December 2008, the informant along with other persons was sitting at the Darwaja of Nasib Singh where the petitioner along with his son came and asked as to why tractor tyre had gone into field of petitioner and Patna High Court Cr.Misc. No.17318 of 2011 (6) dt.22-11-2012 they abused the informant. Upon this, the petitioner had replied that he had gone to plough the field of his brother but while ploughing, in natural course, one tyre of tractor had gone into his field but the matter did not rest rather petitioner threatened for dire consequence. On the same day, the accused persons entered into the house of informant at 9:30 A.M. in the morning, surrounded him and shot from country made pistol with intention to kill him. The pellet hit the chest of the informant and on hearing the sound of firing father of the informant rushed to the place of occurrence where he was also assaulted with Farsa by Munna Singh causing injuring in his right finger which was witnessed by large number of villagers. It has been alleged that both the persons were ultimately taken to P.M.C.H., Patna for treatment. The court took cognizance under the aforesaid Sections. At the later stage an application for discharge was filed and the court below vide the impugned order, dismissed the application and recorded, there are sufficient material against the petitioner for the purpose of framing of charge. While passing the order the court has considered the statement recorded in Para 81 and 86 of the case diary and also examined the injury which has been mentioned in the impugned order. In this case there is allegation of causing firearm injury as well as injury by Farsa. Patna High Court Cr.Misc. No.17318 of 2011 (6) dt.22-11-2012 This Court feels that the court below has not committed any error in passing the impugned order. Accordingly, this Court dos not find any merit in the present petition. It is accordingly dismissed. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 326

Statute Text:
Section 326 of the Indian Penal Code. Voluntarily causing grievous hurt by dangerous weapons or means. Whoever, except in the case provided for by section 335, voluntarily causes grievous 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 for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.