IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38978 of 2008 SANJAY SINGH Versus STATE OF BIHAR ----------- 3. 9.1.2009 Heard Mr. Vivekanand Singh no.1, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. On account of enmity and quarrel between the parties, the petitioner is said to have been falsely implicated in a case under section 302 of the Indian Penal Code. It was initially registered under section 307 etc. of the Penal Code in which the petitioner appears to have dealt a garasa blow on the head of Kamla Singh. The contention is that in the light of such allegation it could be supposed that the injury could be of sharp cutting and not lacerated as was found by the doctor. This could be the matter to be decided in the trial after recording the evidence of the witnesses specially the doctor who could have an opportunity of explaining the injury in the light of the allegation and evidence. Considering that the case is under section 302 of the Indian Penal Code and the petitioner’s blow appears the reason for death of Kamla Singh, the petition is dismissed. sudip ( Dharnidhar Jha,J )