IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38525 of 2008 NARAYAN YADAV Versus THE STATE OF BIHAR ----------- 3. 09.01.2009 Heard Sri Vivekanand Singh, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case is under Section 302 of the IPC. The petitioner directly alleged to have fired a shot which hit the deceased Murli Manohar Mandal in his belly. There is general allegation against others also of firing the shot upon the deceased, but undisputedly the corresponding injury to the assault assigned to the petitioner appears the cause of death. The defence is of land dispute by way of claim and counter claim on account of the deceased party being the share croppers whereas the prosecution party claiming the land after getting the same through sale deed in spite of the litigation under Section 48 (E) of the B.T. Act remaining pending. The question of being aggressor or not being aggressor could be an issue to be decided - 2 - during the course of trial. As regards the allegation, the petitioner is the assailant of the deceased. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)