Dharnidhar Jha, J.

1. The present application has been preferred by the informant of Bhagalpur Kotwali(Tilkamanjhi) Police Station Case No. 93 of 2007 which gave rise to the Sessions Trial No. 665 of 2007 so as to challenging the correctness of the order dated 20.7.2007. By the impugned order, the learned Sessions Judge, Bhagalpur, discharged the accused of the case holding that no offence under Section 307 of the Indian Penal Code was made out and sent back the case to a Magistrate of the 1st Class at Bhagalpur for trying the same in the light of the provision of Sec. 228(1) (a) of the Code of Criminal Procedure( Cr. P.C.).

2. The prosecution case, in short, is that while the Bhabhi of the informant was closing the gate of her house, the accused entered inside it and assaulted her with fists. On being objected to it by the informant, the accused also assaulted him with brick and knife causing bieeding injury to his head. The accused also took away a gold chain of the Bhabhi of the informant.

3. The police submitted chargesheet under Sections 307 of the Indian Penal Code, as appears from Annexure-4 to the present application, and, accordingly, the case was committed by the