IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40426 of 2008 RAM JANAM SINGH & ANIL SINGH Versus STATE OF BIHAR ----------- 3. 12.1.2009 Heard Sri Ashok Kumar Sharma, Advocate on behalf of the petitioners and the learned A.P.P. for the State. The two petitioners along with another accused Birendra Singh are alleged to have given blows on the head of the deceased. Birendra Singh is assigned Rami as the weapon in his hand, while the two petitioners were being appeared with lathi. The contention was that the petitioners did not have any intention to kill the deceased who died after four days of the incident and the case was, as such, initially registered under all bailable of the Penal Code. The contention next was that the injury report may also suggest that the deceased could have died either by a solitary or a couple of blows. If one could carefully go through the dissection part of the postmortem examination report, one could come to a conclusion that more than two blows were given and each blow appears having its fatal effect, as was reported by the doctor in terms of finding haemotama and fracture in different portions of the brain and bones of the skull. The incident appears taking place on account of some land dispute between the brothers, i.e., the above named two petitioners and the deceased, as such, the intent could also be an underlying element in the accident. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )