PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

1. Heard learned counsel appearing on behalf of the parties.

2. Present petition is filed u/s 482 of Cr.P.C. by the petitioners for quashing of order dated 02.12.2024 passed by learned District and Additional Session Judge XII, Bettiah, West Champaran in Bettiah Muffasil P.S. Case No. 153 of 2017, whereby the learned court rejected the discharge petition of the petitioners dated 20.07.2023 filed under Section 227 of Cr.P.C.

3. While assailing the impugned order dated 02.12.2024 as passed by learned District and Additional Session Judge XII, Bettiah, West Champaran, it is submitted that discharge petition of the petitioners was rejected merely on the ground as learned Magistrate took cognizance for the offences punishable under Section 307 of IPC and other penal provisions. It is submitted that the learned trial court failed to appreciate the materials available on record and also the submissions case advanced by petitioners which must be taken while considering discharge petition. It is submitted that the impugned order itself speak qua none considering of materials available on record while considering the petition of discharge as pressed under section 227 of the Cr.P.C.. It is submitted that the parties are fighting for land dispute and further for this occurrence counter case was also lodged by the petitioners making the occurrence as free fight prima-facie negating their intention to commit death.

4. It is submitted that to make out a primafacie case under Section 307 of IPC several factors are taken into consideration like, nature of weapons, nature of injuries, pre and post occurrence conduct of accused persons etc. as established through legal report of Hon'ble Supreme Court in the matter of Jage Ram & Others vs. State of Haryana reported in (2015) 11 SCC 366.

5. It would be apposite to reproduce relevant part of impugned order dated 02.12.2024 for better understanding, which is as:-

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiMxMDk2MyMyMDI1IzEjTg==-O--am1--ZNAZ8uttc=

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