IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34211 of 2011 1. Ranjeet Yadav, Son of Late Bechan Yadav. 2. Bharat Yadav @ Bharat, Son of Late Bechan Yadav. 3. Santosh Yadav, Son of Ranjeet Yadav. 4. Mataru Yadav, Son of Late Bechan Yadav. All are resident of village-Goin, P.S.-Chand, District-Kaimur (Bhabua). ……….Petitioners. Versus The State of Bihar ………..Opp. Party. ----------- 2 13.10.2011 Perused the petition. The present application has been filed on behalf of the petitioners for quashing of the order dated 20.8.2011 passed by the Presiding Officer of F.T.C.-V, in Sessions Trial No. 20 of 2011 / 9 of 2011 arising out of Chand P.S. Case No. 70 of 2010. The petitioners’ case is that the offence alleged would at best attract ingredients of Section 304 (ii) and not under Section 302 of the Indian Penal Code. The learned court below after considering the materials available on record has recorded that there is no justifiable ground to alter the charge to Section 304 (ii) from Section 302 of the Indian Penal Code and has rejected the application of the petitioners in this regard. From the allegation made in the F.I.R., it is apparent that the accused persons indiscriminately assaulted the victim Bikrama Yadav resulting into his death. I find no error in the order passed by the court below. Accordingly, the application is dismissed. Sanjeet (Ashwani Kumar Singh, J.)