Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30192 of 2011 ====================================================== Lakhan Sah S/o Late Marai Sah R/o Vill. Bada Kalyanpur, P.S. Barauli, Distt. Gopalganj .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05. 24-02-2012 Heard the parties. The petitioner is in custody in connection with Barauli P.S. Case No. 206 of 2010 (Sessions Trial No. 108 of 2011) for offence punishable under [STATUTE] . The petitioner has been charged with assault by a piece of wood on the informant on his head as well as on the wife of the informant which assault of this petitioner proved fatal as the wife of the informant succumbed to the injuries. Learned counsel for the petitioner submits that the petitioner and the informant are own brothers and that even if the allegation is taken on the face value, there was no intention on the part of the petitioner to assault in a manner so as to cause death. He further submits that neither any piece of wood nor any blood was found from the place of occurrence. The injury report of the informant as well as the postmortem report does support the Patna High Court Cr.Misc. No.30192 of 2011 (5) dt.24-02-2012 2 allegation made in the F.I.R. The injury being found on the vital part of the body, no case for indulgence is made out. The application is dismissed. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.