IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40940 OF 2009 YAMUNA SAH, SO OF LATE HARDEO SAH, RESIDENT OF VILLAGE BARWAT PARSAIN, POLICE STTION MOFASSIL, DISTRICT WEST CHAMPARAN, BETTIAH VERSUS 1. THE STATE OF BIHAR 2. RAJESHWAR PANDEY, SON OF LATE MADAN PANDEY, 3. RAMASHANKER PANDEY, SON OF VISHWANATH PANDEY 4. MILAN TIWARI, SON OF AWADH KISHORE TIWARI 2-4 ARE RESIDENT OF VILLAGE NAWGOLE, POLICE STATION MOFASSIL, DISTRICT WEST CHAMPARAN, BETTIAH …………………………………………………………………….OPPOSITE PARTIES ********* 2 08/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed on behalf of the informant challenging the order dated 28.05.2009 by which the Court below has allowed the discharge petition filed by the Opposite Party Nos. 2 to 4 with respect to the offence under Section 307 of the Indian Penal Code. Counsel for the petitioner submits that the Opposite Party Nos. 2 to 4 had used one unlicensed pistol and had fired on the informant causing injury and as such offence under Section 307 of the Indian Penal Code is made out. The Court below has considered all aspects of this case. The Court has considered the nature of the injury, and whether the injuries were on vital part of the body, the weapon used and also considered the circumstances under which the occurrence has taken 2 place. According to the Court below, the Opposite Parties fired upon the petitioner and when he fell down, took out Rs. 500/-. On the basis of the aforesaid facts, the Court below has come to the conclusion that no offence us 307 of the Indian Penal Code is made out as the intention to kill the petitioner was not apparent from the facts that surrounded the case. I do not find any illegality in the order dated 28.05.2009 passed by the 2nd Additional Sessions Judge, Bettiah in Sessions Trial No. 389 of 2008. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)