IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5419 of 2008 1. GORAKH RAM, son of Late Bhikhari Ram 2. Ashok Ram, son of Gorakh Ram All residents of Mohalla-Mathia, P.S.-Town Buxar,Dist.-Buxar. Versus 1. THE STATE OF BIHAR 2. Jhiku Ram, son of Sakhnandan Ram, resident of Mohalla-Mathia,P.S.-Town Buxar,Dist.-Buxar. ----------- 02/ 23-03-2009 Heard learned counsel for the petitioners and the State. In brief, a complaint was lodged on behalf of one Jhiku Ram for the offence under Sections 323, 379, 504 and 307/34 of the Indian Penal Code alleging therein that while the complainant was returning from market, one Bharat Ram assaulted him by means of Lathi. Thereafter, petitioner no.1 Gorakh Ram assaulted him by means of Butt of the service revolver. His bag with vegetables and another articles was snatched by petitioner no.2 Ashok Ram and attempt was made on behalf of the victim to approach the concerned police station. His thumb impression was obtained on blank paper. He was sent for medical treatment. After the same, he was again assaulted by one Bharat Ram and petitioner no.2 Ashok Ram by means of leg and fist and by Gorakh Ram by means of Danda. In such circumstances, submission of the learned counsel for the petitioners is that only simple injury was found and there was no case for the offence under Section 380 of the Penal Code. I agree with the submission of the learned counsel for the petitioners that if a revolver is used for causing any injury by means of Butt, neither it can be taken as fire arm, nor it is a dangerous weapon, if vital part is not 2 aimed and further no case under Section 380 of the Penal Code at all is made out. The alleged articles were snatched from an open place. The court is supposed to not travelled beyond the allegation levelled against the accused. Therefore, order of cognizance dated 29.11.2007 is hereby quashed and the learned Magistrate is directed to see as to what offence under the Indian Penal Code is made out against the accused and to take cognizance afresh after proper application of mind in accordance with law. Accordingly, this application is allowed. AH/ ( Mandhata Singh, J. )