SAMBHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under tions 397 and 401 of the of Criminal Procedure, 1973 (in short the 'Code '). It is directed against the order dated 2.6.1994 passed by the second Additional Sessions Judge, Saran at Chapra in T. No. 486/92 by which the learned Additional Sessions Judge ordered for the issue of summons to the petitioner to face his trial in the said sessions case in exercise of the powers 319 of the Code of Criminal Procedure.

(2.) FROM the prosecution case, it appears that the informant (opposite party No. 2) gave his fardbeyan to police on 29.6.1991 alleging therein that while his father was sitting on Chauki at his house all on a sudden, Sambhu Singh (the present petitioner) along with others came there. There was an exchange of hot words between the present petitioner and the father of opposite party No. 2. The present petitioner went back and returned with other accused -persons of this case and fired his pistol hitting at the neck of the father of the informant as a result of which he died.

(3.) THE further case of the petitioner is that before the Additional Sessions Judge who was holding the trial, the Additional Public Pro utor filed a petition on 17.7,1993 under Section 319 of the praying to summon the present petitioner to stand his trial with other accused -persons. Subsequently this petitioner was not pressed and in its place another petition dated 17.5.1994 was filed with similar prayer. The learned trial Judge (2nd Additional Sessions Judge, Saran at Chapra) by the impugned order summoned the present petitioner under the purported exercise of the power under Section 319 of the Code after perusing the case diary and the FIR, although till the date of the passing of this order no evidence at all of any prosecution witness was recorded before the learned trial Court.