IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.958 of 2008 NAGESHWAR PRASAD SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 2 17.04.2009. Heard learned counsel for the parties. Petitioners have come to this court for setting aside order dated 7/7/2008, passed by Additional Sessions Judge-cum-Fast Track Court No. IV Begusarai, in Sessions Trial No. 157 of 2008, by which he has dismissed the petition filed by the petitioners under section 228 Cr.P.C. for discharging them of the proceeding punishable under section 307 I.P.C. It is submitted on behalf of the petitioners that there is a case and counter case and injuries sustained by Shanti Devi and Richa Kumari though are on scalp but simple in nature. Moreover Shanti Devi was treated by a private doctor who might have manufactured the injury report. It is submitted by the State counsel that at this stage it cannot be ascertained that whether the injuries caused by the petitioners were dangerous to life, rather it can only be decided during the trial. In the view of the aforesaid, the revision application is disposed of with observation that the petitioners would be at liberty to take the points before the trial court including the fact that there was free fight between the parties and no case under section 307 I.P.C. is made out against them. They would be free to adduce evidence in support of their case. Shashi. (S.P.Singh,J)