Hearing a criminal revision against a discharge order, the Patna High Court declined to interfere with the Sessions Judge's decision to discharge opposite parties of the offence under Section 307 IPC, noting the scuffle was minor and injuries were simple.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.563 of 2016
Arising Out of PS. Case No.-161 Year-2013 Thana- SURYAGARHA District- Lakhisarai
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Mahendra Saw @ Mahendra Sahu, S/O Late Basant Saw, Resident of Maulanagar, P.S. - Suryagarha (Manikpur), District – Lakhisarai.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kr. Singh, Advocate. Ms. Tulika Singh, Advocate. For the Respondent/s : Mr. Sanjay Kumar (App) For the Opposite Parties : Mr. Amrit Abhijat, Advocate. Mr. Manoj Kumar Gupta, Advcoate.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 21-06-2018
Heard counsel for the parties.
This revision petition is directed against the order dated 07.04.2016 passed by the learned Sessions Judge, Lakhisarai in Sessions Trial No. 125 of 2015 whereby the opposite parties no. 2 to 8 have been discharged of the offence under Section 307 of the Indian Penal Code.
The impugned order reveals that there was a minor scuffle over a bona fide land dispute leading to injuries on some of the persons which were found to be simple. The court below took note of the fact that there
Patna High Court CR. REV. No.563 of 2016(3) dt.21-06-2018 2/2
could not have been any intention of causing death of any one of the victims.
Considering the aforesaid facts the aforesaid order was passed.
This Court does not feel inclined to interfere with the aforesaid order discharging the opposite parties no. 2 to 8 for the offence under Section 307 of the Indian Penal Code.
As such the petition is dismissed.
(Ashutosh Kumar, J)
krishna/-
1 issue framed by the court
Whether the trial court was correct in discharging the opposite parties from the offence under Section 307 IPC given the minor nature of the scuffle and simple injuries.
Mahendra Saw
The State Of Bihar
Rakesh Sao
Rajeev Sao
Raj Kumar Sao
Rajendra Sao
Ashutosh Kumar
As recorded by the court registry
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