IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53489 of 2007 GANGO YADAV Versus STATE OF BIHAR ----------- 4. 15.7.2008 Heard. The petitioner is in custody in a case under Section 302 IPC and is alleged to have fired a shot hitting the deceased in his belly at the orders of one Parmanand Yadav. The contention is that two witnesses in paragraphs 62 and 63 have stated that the deceased and one Pandav Yadav had scuffle between them and the deceased happened to have the injury in that scuffle. As regards the contention of the learned counsel on constitution of an offence, this has to be seen on the basis of the material of the trial. Further defence is of false implication on account of previous enmity which is admitted in the F.I.R. itself. Be that as it may, the petitioner is the assailant of the deceased and, as such, his prayer is dismissed. B.Kr. ( Dharnidhar Jha, J. )