VIJAY KANT THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners have challenged the order dated 17-8-2005 passed in Simari P.S. Case No. 125 of 2005, whereby the Chief Judicial Magistrate, Darbhanga has taken cognizance for the offence under Section 302/34 of the I.P.C. and summoned them to face trial.

(2.) On Chalitar Sahni made his fardbeyan in D.M.C.H., Emergency ward at 7.50 P.M. He stated that around 7 p.m. on that day, 22 named accused along with others, including these Petitioners were waiting from before at Kanshi Manihash Chowk. As soon as the informant, along with his brother Sita Ram Sahni and Inder Sahni reached Chowk, on order of Petitioner No. 1 Vijay Kant Thakur, one Nathuni Sahni hurled knife blow in the chest of Sita Ram Sahni.

(3.) On 27-6-2003, the police initially submitted charge sheet against two named accused persons; namely Guletan Sahni, Guddu Sahni and two unnamed accused namely Tetar Sahni and Pitambar Sahni. The investigation was kept pending against rest of the accused persons. On 7-7-2003, learned Magistrate took cognizance of offence under Section 302/34 of the Penal Code and summoned the four charge sheeted accused to face trial.