IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.331 of 2008 1. RAMADHAR SAH S/O RAM NARAYAN SAH 2. SHANKAR SAH S/O RAM NARAYAN SAH 3. MAHESH SAH S/O RAMADHAR SAH 4. SHIVI SAH S/O RAM THAKUR SAH 5. DILIP SAH S/O RAM BILAS SAH 6. SATYENDRA SAH S/O SHANKAR SAH ---- PETITIONERS Versus STATE OF BIHAR. ---- OPP. PARTY For the Petitioners : Mr. Ratnakar Jha, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 11.10.2010 Heard both sides. Petitioners are facing trial under diverse Sections of the Penal Code including Section 307 of the Penal Code for assaulting the victim, namely, Ramdeo sah by means of hard and blunt substance on head. He was examined of his injuries and referred for specialized treatment but in course whereof he died. Two doctors were examined at the trial. PW1 is the doctor who initially treated injured/victim of his injuries whereas PW2 is the doctor who conducted the post mortem examination of cadaver. Admittedly from the post mortem report, it appears that the deceased died of cardio respiratory failure. It is submitted that the petitioner is not the author of the injury caused on the right temporal parietal region, which according to him, might have the caused death. It is next contended that there is contradiction in the evidence with regard to the injuries on the head as found by PWs 1 and 2. Learned Court below considered the submissions advanced on behalf of the parties and has come to the conclusion that petitioner is alleged to 2 have assaulted the victim on head by means of hard and blunt substance which ultimately caused the death. On a consideration of the materials on record including the evidence of PWs 1 and 2 the charges have been altered and Section 302 of the Penal Code has been added. This Court does not find any illegality in the order which prima facie seems to have been passed on the materials/evidence available on record. The Petitioner shall have adequate opportunity to raise/agitate these facts at the trial. The application lacks merit. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)