IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35385 of 2008 SHEIKH BUNDELI Versus STATE OF BIHAR ----------- 2. 12.9.2008 Heard. The parties appear fighting for a piece of land and during that course the petitioner is alleged to have dealt a blow by Farasa on the head of the deceased. As may appear from the rejection order that the lacerated wound was resulting from the blow. The contention is three fold that the son of the petitioner was also injured and had multiple injuries on his person and there is a counter case for that. But that it was a case out of land dispute and that the medical opinion does not go hand in hand with the allegation. The blow assigned to the petitioner is with farasa and the injury was found lacerated but there is no allegation in the F.I.R. that any other accused persons assaulted the deceased on his head. It is confined to the petitioner only. As regards son of the petitioner being injured or there being a land dispute or quarrel between the parties, this could be the fact to be considered in the light of the evidence taking into account under the provisions of section 105 of the Evidence Act. The petition is dismissed. sudip ( Dharnidhar Jha,J )