SANJAY KHAKHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prashant Kashyap, learned counsel for the petitioner, Mr. Harish Kumar, learned counsel for opposite party no. 2 and Mr. Jharkhandi Upadhyaya, learned counsel for the State.

(2.) The petitioner has challenged the order dated 26.6.2007 passed by learned Judicial Magistrate, 1st Class, Darbhanga in T.R. No. 3043 of 2007 arising out of Ashok Paper Mills P.S. Case No. 112 of 2005 for the offence under Section 302/34 of the Indian Penal Code.

(3.) While pressing the petition, learned counsel for the petitioner submits that initially the father of the deceased had lodged information regarding accidental death of his son and after lapse of about 40 days, the brother of the deceased has filed the present first information report in which he has made the petitioner as an accused for the murder of his brother and first information report was lodged as Ashok Paper Mills P.S. Case No. 112 of 2005 on 6.12.2005 for the offence under Section 302/34 of the Indian Penal Code.