GOPINATH MISRA Vs. STATE

JUDGEMENT

(1.) THIS Rule was issued at the instance of the petitioners for setting aside the order of a learned magistrate at Krishnagar committing them to the Court of Session to stand their trial under section 302/34 of the indian Penal Code.

(2.) THE short allegations are as follows : one Kumbha Nath Suka was the owner of a lorry, No. W. G. A. 1940. On january 25, 1968 he accompanied by the petitioners who were the driver and the cleaner of the lorry went to dhulian in the lorry. On January 26, 1968 they started back for Calcutta and on way they had altercation. The three of them were seen on the lorry at about 7-30 p. m. on January 26, 1968 at Berhampore Esso Petrol pump. Thereafter they were last seen together in the lorry at Dhubulia on january 26, 1968 at about 9-30 p. m. The lorry reached Jagatdul on January 27, 1968 at about 8-30 a. m. with the petitioners, namely, the driver and the cleaner. The owner was not in the lorry at that time and his dead body was found by the roadside near Bahadurpur Forest at noon of January 28, 1968.

(3.) ON some first information report the police made an investigation and submitted a final report on December 31, 1968 but the final report was not accepted and the Sub-divisional Magistrate summoned the petitioners under section 302/34 of the Indian Penal code on March 27, 1969. Thereafter the case was transferred to the learned magistrate for an enquiry under chapter XVIII of the Code and the learned Magistrate made an enquiry under section 207a of the Code and has committed the petitioners to the court of Session for trial under section 302/34 of the Indian Penal Code.