IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44878 of 2008 Birendra Yadav, son of Mancharan Yadav, village Dular, PS Gamharia, District Madhepura – Petitioner. Vs. 1) The State of Bihar, 2) Kamal Yadav, son of Late Anup Lal Yadav, 3) Ganesh Yadav, 4) Dinesh Yadav, 5) Santosh Yadav, all sons of Kamal Yadav, village Dular, PS Gamharia, District Madhepura – Opp. Parties. 2 1.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed on behalf of the informant as he is aggrieved by order, dated 9.8.2008 passed by the trial court in S.T. No. 59/2008 by the Additional Sessions Judge , FTC III, Madhepura holding that the accused persons are guilty of charges under sections 347, 323, 325, 447, 504 read with section 34 of the Penal Code. Learned counsel for the petitioner submits that injury on the head is grievous in nature and as such the court ought to have taken cognizance under section 307 of the Penal Code. It is submitted that the nature of the injury indicates that accused persons had intention to cause death of brother of the informant. It is up to the court below to consider the materials before him to come to a conclusion regarding the nature of the injury and the offences which are made out. Besides this, the court would always be at liberty to hold that a case is made out under section 307 of the Penal Code during the trial if there is sufficient evidence. 2 I, therefore find no reason to interfere with the impugned order. This application is disposed of with the aforesaid observation. Counsel for the petitioner is permitted to produce a copy of this order before the court below within a period of one month. haque ( Sheema Ali Khan, J.)