IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31231 of 2011 Mohan Prasad Versus The State Of Bihar ----------- 2/ 26-09-2011 Heard learned counsel for the petitioner and learned APP. One of the accused namely, Mohan Prasad has challenged the order dated 2.8.2011 passed by Additional District & Sessions Judge, FTC-VI, Sitamarhi in Sessions Trial No. 480 of 2010 whereby and whereunder the prayer made under Section 228 of the Cr.P.C. on behalf of the petitioner and other co-accused has been rejected. Simple submission is that, though there happens to be presence of injury over the person of injured but its location and nature do not attract Section 307 of the IPC and so, for the remaining offences, the trial should have been sent to the learned C.J.M. The State has opposed. The allegation as per written report of Mukesh Kumar filed on 17.02.2009 happens to be during the course of protest over illegal construction of a wall on his land, on an order of Mohan Prasad, his son, Ravi gave Khanti blow causing injury over his forehead as well as below his eye while his brother , Raju Kumar Dwivedi was given knife blow by Mohan Prasad over his forehead, nose as well as near left eye. Other had also assaulted with lathi and also took away their belongings along with cash. From the written report itself, it is evident that neither there was any repetition of blow nor the injury report does suggest intention or knowledge of the accused that they have inflicted the same with an 2 intention or knowledge to commit murder. As such, the instant case appears to be appropriate one whereunder learned lower court should have invoked provision of 228 of the Cr.P.C. Consequent thereupon the order impugned is set aside. The matter is remitted back to the learned lower court for reappraisal. With the aforesaid observation, the petition is disposed of. Let this order be faxed to the court concerned at the cost of the petitioner. perwez (Aditya Kumar Trivedi,J.)