IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39588 of 2009 1. LAXMI MAHTO, SON OF LATE PARMESHWAR MAHTO 2. AKHILESH KUMAR, SON OF LAXMI MAHTO BOTH RESIDENTS OF VILLAGE MIRZAPUR, P.S. ROSERA, DISTRICT SAMASTIPUR. 3. BILETA RAI @ BILAYAT RAI, SON OF BHAKORAN RAI, RESIDENT OF VILLAGE BHOTOTAR, P.S. ROSERA, DISTRICT SAMASTIPUR 4. RAJESH KUMAR, SON OF SRI SAKHCHAND YADAV, RESIDENT OF VILLAGE SAHIYARPUR, P.S. ROSERA, DISTRICT SAMASTIPUR. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SHIBHA DEVI, WIFE OF RAM BILASH MAHTO, RESIDENT OF VILLAGE MIRZAPUR, P.S. ROSERA, DISTRICT SAMASTIPUR. ---- OPPOSITE PARTIES ----------- 2 19.1.2010 Learned counsel for the petitioners is aggrieved by the order dated 3.11.2009 passed in S.T. No. 512/2007 arising out of Rosera P.S. Case No. 104/2005 by the Additional Sessions Judge, Fast Track Court No. III, Samastipur by which the Court has refused to discharge the petitioners under Section 302 of the Indian Penal Code. The main argument advanced on behalf of the petitioners is that the post mortem report shows rupture of the heart and therefore, the allegation that the deceased died because of assault or any other reason is falsified. According to the petitioners several witnesses have supported this aspect that the deceased died due to a heart attack. On the other hand it appears from the First Information Report that there was a scuffle between the petitioners and the deceased which led to his death. In other words, there is a conflict between the oral statements and the statements of the doctor. These aspects have to be considered in a full fledged trial. I am therefore, not inclined to interfere with the order dated 3.11.2009. This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)