IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40873 OF 2009 1. RENU DEVI, WIFE OF GANESH SINGH 2. AMIT KUMAR @ AMIT SINGH, SON OF SHRI GANESH SINGH BOTH RESIDENT OF VILLAGE ITAHARI, POLICE STATION NAYA RAM NAGAR, DISTRICT MUNGER ……………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 05/03/2010 Heard learned Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State. The petitioners have challenged the order dated 13.10.2009 by which the Court has held that the petitioners are liable to be tried under Section 307 of the Indian Penal Code. The prosecution case is that the petitioners are said to have given repeated punches on the informant and his family members. It is said that the injury was inflicted on the nose which caused fracture of the nasal bone. The injury has been described as 1½” x ¼” and the doctor is said to have reported that the injury has been caused by hard & blunt substance showing fracture of the nasal bone. Learned Counsel for the petitioners submits that there was no intention to cause the death of the person injured and it would be manifest from the fact that no weapon was used during the occurrence. 2 Counsel for the Opposite Party No. 2, on the other hand, argues that these petitioners who belong to a higher caste always tried to dominate the informant and his family members and have inflicted more than one blow on the injured person which would show that there was intention to cause the death of the injured. In the facts of this case, I find that the petitioners cannot be held to be liable for facing trial under Section 307 of the Indian Penal Code. At the most, they would be liable for facing trial for the offence of causing grievous injury to the informant, Rohit Kumar. In the result, the order dated 13.10.2009 passed by the Additional Sessions Judge, Fast Track Court No. I, Munger in Sessions Trial No. 502 of 2009 is set aside as far as it concerns the charge under Section 307 of the Indian Penal Code. This application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J.)