IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31387 OF 2008 1. RAM LAGAN SAW, SON OF LATE RAM NANDAN SAW 2. KANTI DEVI @ FULAN DEVI, WIFE OF RAM LAGAN SAW 3. DEEPAK KUMAR, SON OF RAM LAGAN SAW 4. KIRAN DEVI, DAUGHTER OF RAM LAGAN SAW ALL RESIDENT OF VILLAGE PAHARPUR (KARHATIYA), POLICE STATION MAHUA, DISTRICT VAISHALI VERSUS 1. THE STATE OF BIHAR 2. PRAMOD KUMAR SAW, SON OF LATE RAJENDRA SAW, RESIDENT OF VILLAGE PAHARPUR (KARHATIYA), POLICE STATION MAHUA, DISTRICT VAISHALI ********* 2 28/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed for challenging the order dated 21.06.2008 passed in Sessions Trial No. 80 of 2002 (Mahua Police Station Case No. 211 of 2000) by which the 1st Additional Sessions Judge, Vaishali at Hajipur has dismissed the application filed under Section 227 of the Code of Criminal Procedure. The main ground raised by the petitioners is that no case is made out under Section 307 of the Indian Penal Code as the injuries are simple in nature and as far as some of the accused persons are concerned, it has only been alleged that they have assaulted the informant by fists and slaps. Further, it appears that there is allegation against some of the accused persons of inflicting injuries. 2 In the facts aforesaid, it is therefore proper for the Trial Court to examine whether section 307 of the Indian Penal Code would be applicable after taking into account the evidence, manner of occurrence and the injuries during the trial of the case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )