1. Heard learned counsel for the petitioner, State and the Opp.Party no.2.

2. The petitioners have challenged the order dated 11th September,2007 passed by Addl.Sessions Judge, F.T.C.II, Ara in Sessions Trial No.319 of 2006 arising out of Ara Mufassil P.S. Case No.11 of 2004 by which the petition for discharge of accused persons from the offence under Section 307 of the Indian Penal Code was rejected.

3. Learned counsel for the petitioners submits that on bare perusal of the F.I.R., it is evident that there was no intention to kill the informant, though in the F.I.R. it has been alleged that one of the accused persons was carrying pistol in his hand. Learned counsel further refers Annexures 2 and 3 to the petition which, according to him, are typed copy of the injury reports. Firstly, in para 5 of the petition, stand has been taken by the petitioners that the informant managed the police as well as the doctor in concocting false injuries report. Learned counsel for the petitioners submits that with a view to apply Section 307 of the Indian Penal Code, the Court is required to at least examine the three points: (i) manner of occurrence, (ii) weapon used in the occurrence an