- (1.) THIS revision application has been filed against the order dated 28.9.2002 passed by the additional Sessions Judge, Fast Track Court No.II, Deoghar, in Sessions Trial No. 258 of 2000 whereby and whereunder the learned additional Sessions Judge rejected the petition under section 228(a) of the Code of Criminal Procedure (the Code).
(2.) AN application was tiled before the Trial Court/Additional Sessions Judge claiming therein that no case under section 307 of the Indian Penal Code is made out and, as such, the case may be remitted to the court of the Chief Judicial Magistrate, Deoghar for trial as laid down under section 228(a) of the Code. Mr. Arvind Kumar Choudhary, learned counsel for the petitioner submitted that the learned court below committed error in holding and passing the order that the offence under section 307 of the Indian Penal Code is also made out on mere presumption as none of the injuries are grievous in nature nor it has been caused on any vital part of the body rather the injuries are superficial and simple in nature being abrasion on hand or elbow. It is also submitted that there was no intention on the part of the petitioner for committing murder, which will be evident from the allegations made in the first information report itself coupled with the injuries caused, and, as such, the learned court below committed error in rejecting the prayer of the petitioner. which is without any basis.
(3.) NOTICE was issued against opposite party no.2 and pursuant to the order for issuance of notice; the petitioner also sent the notice through registered cover, which will be evident from Annexure 1 to the supplementary affidavit but none appears on behalf of opposite party no.2;