IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32438 of 2007 SURYA KANT UPADHYA & ORS Versus STATE OF BIHAR & ANR ----------- 3 13.10.2009 KHAN The petitioner is aggrieved by order dated 25.4.2007 passed by the A.D.J.,F.T.C.III, Buxar passed in S.Tr.No.173/05 whereby he has rejected the application of the petitioners to discharge them under sections 227 and 228 of the Cr.P.C. particularly for an offence under section 307 Cr.P.C. The petitioners submit that the injuries are simple in nature. There is no injury on the vital part of the injured. The intention to kill is also not established. The Sessions Judge observed that the accused surrounded the informant and one Vidya Pati Upadhayay assaulted on his head by means of Garassa. Further more some of the accused persons tried to assault his younger brother by means of Bhala which was however prevented. Not only this, the accused persons climbed on the chest of the informant’s father and tried to press his neck with intention to kill him. In view of the aforesaid allegations, I do not find any infirmity in the order of the learned trial court in rejecting the application of the petitioners to discharge them of offence particularly one under section 307/34 of the Penal Code. This application is accordingly dismissed. (S.P.Singh,J) 2