Penal Code, 1860 – S. 307 – In order to perceive an offence under Section 307 of the I.P.C. is made out or not, though roving inquiry is forbidden, but ex facie presence of injuries over the head of all the three injured out of whom, two have sustained grievous injuries along with the fact that head a delicate part of the body was aimed at and further, the weapon so used, though objected whereupon matter needs clarification justifying trial, for the present justify framing of charge whereupon instant petition sans merit and is accordingly, rejected.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI CAV ORDER Date: 11-08-2016
Criminal Miscellaneous No.13875 of 2016
Arising Out of PS.Case No. -64 Year- 2015 Thana -RASULPUR District- SARAN
Ram Ayodhya Tiwari v. State of Bihar
Appearance : For the Petitioner/s : Mr. Harsh Singh-Advocate Mr. Ravi Shankar Choudhary-Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh-A.P.P.
Petitioners, who are accused of Rasulpur P. S. Case No.64 of 2015 leading to Sessions Trial No.655 of 2015, are aggrieved by an order dated 18.02.2016 passed by the Additional District & Sessions Judge-5th, Saran at Chapra whereby and whereunder the learned lower Court rejected the prayer made on their behalf in accordance with Section 228(1)(a) of the Cr.P.C.
2. Informant, Sunil Kumar Tiwari, gave his fard-beyan on 20.06.2015 at about 5.00 p.m. disclosing therein that on the same day at 12.30 hours, Ram Ayodhya Tiwari, Ghanshyam Tiwari @ Pawan Tiwari, Ashutosh Kumar Tiwari, wife of Ghanshyam Tiwari along with three unknown persons came and directed him for measurement of a land relating to which dispute was coming since before. On his disclosure, his father is not present and the measurement will be effected only in his presence, they began to abuse. On his protest, Ram Ayodhya Tiwari incited whereupon Ashutosh Tiwari took out ‘farsa’, gave blow over his head. Ghanshyam Tiwari @ Pawan Tiwari came with ‘spear’ and was to assault during midst of which, his brother Dhananjay and Santosh intervened in his rescue over which they both were assaulted by the accused persons over their head. Wife of Ghanshyam also assaulted with brick particle, Ram Ayodhya Tiwari assaulted with bamboo. The villagers came in their rescue and lifted the injured to the hospital.
3. On the basis of the aforesaid fard-beyan, Rasulpur P. S. Case No.64 of 2015 was registered under Section 147, 148, 149, 341, 323, 324, 307, 427, 504 of the I.P.C. and thereafter investigation commenced, concluded by way of submission of chargesheet under the aforesaid Sections. Cognizance was accordingly taken vide order dated 27.10.2015 and the case was committed on the ground of having the offences exclusively triable by the Court of Sessions.
4. At the stage of framing of charge, a petition on behalf of petitioners has been filed stating therein that no offence under Section 307 I.P.C. is made out on account thereof, this case should be remitted back to the learned lower Court as provided under Section 228(1)(a) of the Cr.P.C. which, the learned lower Court rejected, hence this petition.
5. During midst of pendency of instant petition, as is evident from I. A. No.1645 of 2016, vide order dated 30.03.2016, charges have already been framed, hence the same has also been brought up under purview of instant petition.