ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against a judgment and order dated 8.7.2004 passed by a learned Single Judge of the Patna High Court in Criminal Miscellaneous No. 33544 of 2001 whereby and whereunder an application filed under Section 482 of the Code of Criminal Procedure on behalf of Respondent No. 2 herein has been allowed.

(3.) The question revolves round interpretation of Section 319 of the Code of Criminal Procedure. Respondent No. 2 herein lodged a first information report inter alia against Appellants alleging that in an incident which took place at 8.30 a.m. on 16.7.1997, one Ranjit Singh (deceased) S/o Dileswara Singh was shot from behind as a result whereof he sustained bullet injuries. In the first information report, Appellants herein were specifically named. Upon an investigation, the Superintendent of Police having come to the conclusion that they had been falsely implicated, a final form was filed in their favour. The said final form as against Appellants was accepted by the learned Magistrate. However, as a chargesheet was filed against the other accused, cognizance was taken against them. Before the learned Sessions Judge, the prosecution examined three witnesses including the first informant. They, in their deposition, stated that Respondents herein with the chargesheeted accused took part in commission of the offence of murder of Ranjit Singh.