IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7696 of 2008 1. Chandeshwar Pal, son of Rudal Pal, 2. Rudal Pal, son of Nand Pal, 3. Ramjee Pal, son of Nandan Pal, all of village Sikta, PS Ramnagar, district West Champaran – petitioners. Vs. 1. The State of Bihar, 2. Jag Pal, son of Gumani Pal, village Sikta Biakuntwa, PS Ram Nagar, Dist. West Champaran - opp. parties. 2 25.1.2010 Heard the parties. This application has been filed against the order, dated 17.9.2007 passed by the Additional Chief Judicial Magistrate, Bagaha by which cognizance has been taken against the petitioners for the offences under sections 341, 323, 325, 307 and 504 of the Penal Code. Counsel for the petitioners submits that there is a case and counter case arising out of an admitted land dispute wherein there was scuffle between both the sides and injuries were caused to both the parties. It is said that on the petitioners’ side also some persons have received head injuries. The objection is with respect to taking of cognizance under section 307 of the Penal Code in view of the fact that charge sheet has been submitted under sections 341, 323, 325 and 504 of the Penal Code. It is submitted that the evidence and the injuries are not of such a nature that would constitute an offence under section 307 of the Penal Code as it would appear from the evidence that has come in the case diary that there was no intention to commit murder. These aspects of the matter should be examined at the stage of framing of charge. At present this court is not inclined to interfere in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)