IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46151 of 2009 1. FAKIRA RAI 2. Rajendra Rai Versus THE STATE OF BIHAR & ANR . ----------- 2. 2.4.2010 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by the order dated 10.11.2009 rejecting their prayer under Section 228(a) Cr. P.C. that no offence under Section 307 of the Penal Code was made out to frame charge under that Section and therefore the case was not triable by a Sessions Court but by the Court of the Magistrate. The allegations are of petitioner no. 1 having given two knife blows when petitioner no. 2 stood by with a fire arm. Cognizance has been taken under Sections 341, 324, 307/34 I.P.C. The medical report on the day of the assault i.e., 6.2.2005 is of a sharp cut stab injury on the lower portion of the left scapula and right side of the vertebral column. Learned counsel for the petitioner submits that the two injuries are superficial and cannot be considered dangerous to life. It needs only to be noted that the doctor has opined that injury nos. 1 and 2, the 2 aforesaid injuries, were grievous in nature while injury nos. 3 and 4 were simple in nature. The second submission is that the report of the medical Board dated 27.8.2005 also does not support a charge under Section 307 of the Penal Code. The report of the medical Board is after six months of the assault by which time naturally the wound healed in the normal course and therefore the medical Board opined that the wound having healed, the nature of the weapon used could not be ascertained after a lapse of six months. The impugned order rightly records that at the stage of framing of charges, the Court is only required to consider the material on record to conclude whether an offence under Section 307 of the Penal Code is made out or not. Whether it shall result in conviction or not is hardly relevant at this stage. This Court has adequately discussed the medical report dated 6.2.2005. This Court does not find any reason to come at any different conclusion that arrived at by the impugned order dated 10.11.2009. The application is dismissed. P. Kumar (Navin Sinha, J.)