Partly allowed

Md. Mannan Khan and Ors. v. the State of Bihar and Anr.

Patna HC3 Jan 2013CR. MISC./2051/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed a petition quashing the rejection of an application under Section 228 Cr.P.C. The held that injuries were simple in nature despite use of a sword and iron rod, indicating no intention to kill, and remitted the case for reconsideration under Section 324 IPC.

What did the court decide?

Impugned order setting aside; case remitted to learned court below for reconsideration under Section 324 of the Indian Penal Code.

Md. Mannan Khan and Ors. Vs the State of Bihar… — Murder and Culpable Homicide | Patna HC (2013)

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Patna High Court Cr.Misc. No.2051 of 2012 (3) dt.03-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No. 2051 of 2012

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====================================================== 1. Md. Mannan Khan

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Md. Minu Khan

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Md. Chunnu Khan

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Md. Bablu Khan

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Md. Babba Khan 6. Md. Imteyaz Khan, all (1-6) are sons of Late Jahangir Khan 7. Md. Tinku Khan, Son of Md. Minu Khan 8. Md. Yasmin Khan 9. Md. Haidar Khan 10. Md. Farooque Khan 11. Md. Munna Khan, all (7-11) are sons of Late Alamgir Khan 12. Md. Lallan Khan 13. Md. Ladan Khan 14. Md. Golden Khan, all (12-14) are sons of Md. Kamaru Khan All above named are resident of Colony New Vikramshila Nagar, P.S.- Kahalgaon, District- Bhagalpur

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.... .... Petitioner/s Versus

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The State of Bihar

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Md. Farid Khan, Son of Late Sahabuddin Khan, Resident of – New Vikramshila Nagar, P. S. – Kahalgaon, District – Bhagalpur.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bindyachal Singh, Advocate. Mr. Ram Binod Singh, Advocate. For the Opposite Party No. 2 : Mr. P. K. Sinha, Advocate. Mr. S. C. Giri, Advocate. For the State : Mr. T. P. Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER

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6 03-01-2013 Heard learned counsel for the petitioners, State and the Opposite

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Party No. 2.

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This is a petition for quashing the order dated 05.08.2011 passed in Sessions Trial No. 85 of 2011 arising out of Kahalgaon P. S. Case No. 585 of 2009 by which a petition under Section 228 of the Cr. P. C. filed by the petitioners stating therein that no offence under Section 307 of the Indian Penal Code is made out has been rejected.

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There is allegation of assault by 14 persons with lathi, sword and iron rod and the injuries were found as one incised wound of

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Patna High Court Cr.Misc. No.2051 of 2012 (3) dt.03-01-2013

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1-1/2” x 1/2" scalp deep over the left side of head of the injured person, namely, Md. Farid Khan. However, the said injuries have been found to be simple in nature.

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Learned counsel for the petitioners submits that there is general and omnibus allegation of assault by 14 persons and the injury though on head is simple in nature by sharp cutting weapon but there is no repetition and hence it cannot be inferred that there was intention to kill to attract Section 307 of the Indian Penal Code.

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Hence, having regard to the facts and circumstances of the case for determining the offence under Section 307 of the Indian Penal Code the weapon used, the part of body chosen, the repetition of blow and the impact by which the assault are made are relevant consideration. However, having regard to the fact that the weapon used is sword and iron rod, the part of body chosen is head but since the injury is simple in nature and no repetition on vital part of the body, it can well be inferred that the impact by which that assault was made is not with intention to kill particularly in the facts and circumstances that there is no repetition on vital part and hence the offence under Section 307 of the Indian Penal Code is not attracted and at best offence can well be said to make out is Section 324 of the Indian Penal Code. Hence, the impugned order is set aside and the case is remitted back to the learned court below for reconsideration in accordance with law.

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(Gopal Prasad, J.)

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Kundan/-

Md. Mannan Khan and Ors. v. the State of Bihar and Anr.

Case brief

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Md. Mannan Khan and Ors. v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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