IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30718 of 2009 1. Karmu Yadav, S/O-Ram Charitra Yadav 2. Saroj Yadav, S/O-Karmu Yadav 3. Manoj Yadav, S/O-Karmu Yadav All resident of village-Yari Tole Sri Keshwar Bigha, P.S.- Muffasil, District-Aurangabad (Bihar) Versus The State Of Bihar ---------------------------------- For the State :- Mr. Jharkhandi Upadhyay (A.P.P.) 02 01.12.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed of on admission stage itself. Petitioners have been made accused in Muffasil P.S. Case No. 33 of 2007 registered under Sections 448, 307, 379/34 of the Indian Penal Code on the allegation that they assaulted the informant and his other family members with lathi, sword and garasa as a result of which informant and his other family members sustained injuries. The matter was investigated and the petitioners were put on trial in Sessions Trial No. 320 of 2008/484 of 2009 before learned Additional Sessions Judge-IV, Aurangabad. A petition under Section 228 of the Cr.P.C. was filed before the learned trial court praying therein to remit the case to the court of Chief Judicial Magistrate, Aurangabad as no case under Section 307 of the Indian Penal Code is made out but learned trial court rejected the aforesaid prayer vide order dated 09.06.2009 against which this quashing petition has been preferred under Section 482 of the Cr.P.C. 2 Learned counsel appearing for the petitioners submits that as per prosecution case, petitioner no. 3 gave one sword blow on the head of the informant whereas petitioner no. 2 gave garasa blow to the informant causing injury on his head but neither any injury of sword nor any injury of garasa was found on the person of the informant and, as a matter of fact, the alleged occurrence took place on a petty issue and there is case and counter case between the parties and apart from this informant has sustained simple injuries on his person. The impugned order reveals that the informant has received altogether seven injuries on his person and out of them three injuries have been found on his head said to be caused by hard and blunt substance. To come to this conclusion as to whether a case under Section 307 of the Indian Penal Code is made out or not, the Court has to see the weapon used in committing the alleged crime, the part of the body of the injured on which he sustained injury and the force of assault used by assailant as well as other relevant factors. No doubt, in the present case, the doctor has found injuries caused by hard and blunt substance but admittedly, three injuries were found on the head of the injured and the aforesaid fact clearly goes to show that petitioners gave repeated blow to the injured of this case and, therefore, I am of the opinion that learned trial court has rightly rejected the prayer of the petitioners. In view of the aforesaid discussions, I do not find any substance in this petition and in my considered opinion, this petition 3 is devoid of merit and accordingly, it is dismissed on admission stage itself. However, it is made clear that findings given in this order shall not affect the merit of the case in course of trial. Let this order be communicated to the court of Additional Sessions Judge-IV, Aurangabad in connection with Sessions Trial No. 320 of 2008/484 of 2009 corresponding to Mufassil P.S. Case No. 33 of 2007. SHAHZAD ( Hemant Kumar Srivastava, J.)