RAMA NAND RAI ALIAS RAMA RAI Vs. STATE

JUDGEMENT

(1.) This revision is directed against an order of a Magistrate First Class, Azamgarh, rejecting the applicants' application for summoning a number of persons as defence witnesses.

(2.) The facts of the case lie in a short compass.

(3.) On Oct. 5, 1965 one Suresh lodged a report at police station Dohrighat that his brother had been murdered by Babu Ram, Bhagelu Rai, Jharkande and Dahari on the investigation of Rama Nand Rai. On the basis of this report a case was registered by the police who investigated it and submitted a charge sheet against Bhagelu, Jharkande and Dahari. During the course of enquiry it was alleged by the witnesses that the present applicants were also associated with the crime. Accordingly the Magistrate committed Bhagelu, Jharkande and Dahari to the court of Sessions on June 28, 1966 to stand their trial under Sec. 302 read with Sec. 34 I.P.C. and also passed an order summoning the present applicants. When the applicants appeared before the Magistrate they applied for leading evidence in defence as according to them cognizance of the case against them was taken by the Magistrate under Sec. 190 (1) (c) of the Code of Criminal Procedure. This application was rejected.