IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40062 of 2008 Heera Lal Yadav, Son of late Rajeshwar Yadav, Resident of Village Chanduki, PS Harpur, District Munger ----- Petitioner Versus 1. The State Of Bihar. 2. Duryodhan Yadav, Son of late Singeshwar Yadav 3. Pankaj Yadav 4. Sahnkar Yadav 5. Bodho Devi, Sons of Duryodhan Yadav 6. Saguni Devi, Wfie of Duryodhan Yadav, All resident of village Chanduki, PS Harpur, District Munger ---- Opposite Parties ----------- 2 25.7.2011 Learned counsel for the petitioner submits that there is an injury on the head inflicted by a Khanti, and as such, it is a case where there was intention on behalf of the accused to cause death of opposite party no. 2. On perusal of the First Information Report, it would appear that there was a single blow inflicted on the head of the informant which was not repeated. The First Information Report would also disclose that there was a dispute with respect to some land between the parties which was cause of this occurrence. Learned counsel for the petitioner submits that the intention of the petitioner is demonstrated by the fact that he had inflicted an injury on the head which is a vital part of the body. The Court has noted that the injury was simple in nature and that the blow was not repeated and, therefore, there could not have been any intention on part of the opposite parties to cause the death of the petitioner. It has also been come on record that the said injury did not lead to a prolong treatment from which it can be inferred that the injury was dangerous to health. If in future, the Court comes to the conclusion, while taking evidence during the trial that there was intention to cause death and the 2 occurrence did not place in the heat of the moment, it would be open to the Court to alter the charges and send the case for trial to the Sessions Court. At this stage, I find no ground to intervene with the order impugned dated 4.7.2008 by which the Court below has held that no case is made out for framing charges under Section 307 of the Indian Penal Code in Sessions Trial No. 695 of 2007. This application is dismissed. Sanjay (Sheema Ali Khan, J.)