IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.140 of 2007 JIYA LAL SAH & ORS Versus STATE OF BIHAR ----------- 6. 12.5.09 None has appeared for O.P. no.2. As such this case was ajourned on 8.5.09. Today also none appears for O.P. no.2. The instant revision application is directed against the order dated 13.1.07 passed by 4th Additional Sessions Judge, Muzaffarpur in Cr.Rev. no.34/06 whereby he set aside the order dt.16.1.06 passed by J.M., Ist Class in Tr. No.1459/06 rejecting the petition of the prosecution to alter chare under section 216 Cr.P.C. into one under section 307 and 379 I.P.C. The petitioner submits that in the F.I.R., the informant alleged that he received only one injury though on his shoulder. The other witness examined in course of investigation also stated likewise. Learned counsel submits that none of the witnesses stated that the informant sustained injury on his head. He submits that the chargesheet was submitted under sections 341,323,325 and 504/34 I.P.C., cognizance was also taken for the aforesaid offence and the case was transferred to the learned trial court for disposal. He further submits that the prosecution got a collusive medical report assigning injury on the skull. It appears that the revisional court did not consider the case of the O.P. There is no discussion regarding any submission being made on behalf of otherside. 2 In the circumstance, the impugned order dt.3.1.07 passed by the 4th Additional Sessions Judge, Muzaffarpur is set aside and the matter is remitted back to revisional court for passing fresh order after hearing the other side also. This Court has not expressed any opinion on the merit of the case, whether Section 307 I.P.C. is made out or not. In the result this application is allowed with the aforesaid observation. Anil Kumar Sinha (Samarendra Pratap Singh, J. )