BIPAT COPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave against an order of the High Court of Patna, which an order passed by the Magistrate, First Class, discharging the appellants under S. 207A (6) of the Code of Criminal Procedure was set aside, and the Magistrate was directed to commit the appellants to the Court of Session to stand their trial under Ss. 307/34 and 148 of the Indian Penal Code. The only question that is argued is whether the High Court was justified in setting aside the order of the Magistrate, which, it is claimed, was passed in the proper exercise of the jurisdiction conferred by S. 207A (6) of the Code.

(2.) The facts of the case, in brief, are as follows:On March 26,1959, at about 10-15 p.m. one Rajbahadur Rai alias Chhote Rai, was alleged to have been assaulted by the appellants at a place where Chhote Rai was sitting, at the pan shop of one Raghunath Prasad. The appellants are said to have arrived there in a private car and a tandem, and after assaulting Chhote Rai, to have gone away in these two vehicles. After investigation, the appellants were prosecuted under Ss. 307/34 and 148 of the Indian Penal Code, with the result already mentioned.

(3.) Before the order of discharge was made, the Magistrate heard the evidence of nine witnesses including Chhote Rai and Raghunath, who had given the first information report. The witnesses also included two other alleged eye-witnesses, Bhushan Singh (P. W. 2) and Sheonandan Yadav (P. W. 6). The Magistrate, after recording the evidence and holding a spot inspection and hearing the parties, discharged the appellants, as he was of opinion (in his own words):