IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.340 of 2009 RAJ NANDAN ROY & ORS Versus THE STATE OF BIHAR & ANR ----------- 02 26.03.2010 Heard. Learned counsel for the petitioners attempted to impress upon me that the facts of the case did not justify taking of cognizance under Sections 302/34 of the I.P.C. on the ground that the statement of the deceased which was recorded, while she was quite conscious did not indicate that poison was administered to her by any of the accused persons. But I find it too difficult to record a finding of facts on the above argument. This argument has to be considered by the learned court below at the stage of Section 227 and 228 Cr.P.C. The learned court below shall consider the material available to him in the case diary and shall give a clear finding as to whether any offence exclusively triable by the Court of Sessions was made out or not. It may not be necessary to be pointed out that if no offence exclusively triable by the Court of Sessions was constituted on facts of the case, the Court of Sessions shall have no jurisdiction to try it and in that case the accused shall be entitled to an 2 order of discharge. The fact of the case has to be considered on its own merits with objectivity and an order shall be passed in light thereof. This petition is dismissed with above observations. P.K. (Dharnidhar Jha, J.)