IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5352 of 2010 RAJENDRA RAM Versus STATE OF BIHAR ----------- 3. 21.5.2010 Heard. The case is under Section 302 of the Penal Code. The deceased is the lady who was alone in her house when the present petitioner along with his friend Jitendra Kumar went to enquire abut the husband of the lady. Being informed that the man was not in, this petitioner dealt a blow in the face of the lady and also gagged her by a gamchi whereafter Jitendra Kumar dealt blows with chhura on the stomach and chest of the lady who succumbed to her injuries during the treatment after about 14 days or so, as section 302 of the Penal Code was added on 25.9.2009. The contention is that the petitioner’s act was not the ultimate act and he has remained in custody for about nine months. The allegation was that it was the petitioner who was first assaulting the lady to fell her and thereafter he gagged her so that her murder could be committed without any hush and fuss, considering which the petition is dismissed. Kanth ( Dharnidhar Jha, J.)