IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24343 of 2008 RAMESH SAHNI Versus STATE OF BIHAR With Cr.Misc. No.29290 of 2008 SHAMBHU SAHANI Versus THE STATE OF BIHAR ----------- 4. 11.11.2008 I have heard Sri Rambalak Mahto, Senior Advocate for the petitioner Shambhu Sahani as also Sri B.J.Ojha, Advocate for petitioner Ramesh Sahni. The two petitions arise out of Dumariyaghat P.S.Case No.38 of 2007. The case is under Section 302 IPC and as regards the two petitioners, they bear a common allegation of having throttled the deceased while other accused persons were doing overt-acts including of assaulting the deceased. The contention is that the lady informant is the solitary eye witness and it could also not be said with certainty that she had really seen the occurrence. The other aspect which was highlighted by the learned senior counsel was that ten persons who are named as accused in the FIR, were surrounding and simultaneously indulging in different acts and - 2 - it could make it difficult for the lady to see the real acts of the accused in the alleged occurrence. The third contention was that the time of occurrence was at 9 P.M. and that could also have made it difficult to specifically identify and notice the overt-acts of individual accused persons. The fourth contention which was raised by Sri Ojha, the learned counsel appearing for petitioner Ramesh Sahni, was that there is specific allegation against an accused assaulting the deceased by mounting over his chest and that could also indicate that the manner of occurrence as mentioned may not be true. I have perused the postmortem examination report, a copy of which is attached to the case diary and I find that the doctor found two bruises, blackish in colour, one on the right side of the front neck measuring 1 ½”x1” and the other on the left side of the neck measuring 3”x1/4”. So, there could be two definite injuries. If one could further consider the postmortem examination report, one could find that the doctor found extravasation of blood into the sub cutaneous tissue under lying - 3 - the bruise over the front of the neck and that ultimately fractured the structures of neck which could result into the death of the deceased. As the facts stand presently, the petitioners bear allegation of having pressed the neck of the deceased. In that view of the matter, the probabilities of the case could not be fit to be considered and as such, the two petitions appear of no merit. Petitions are dismissed. B.Kr. ( Dharnidhar Jha, J. )