GANGA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The two petitioners have assailed an order dated 20.09.2007 passed by the IVth Additional Sessions Judge, Motihari in Sessions Trial No. 982 of 2004, whereby and whereunder, they have been summoned to face trial in the aforementioned pending Sessions case in terms of Section 319 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C).

(3.) The facts which are not in dispute and would be sufficient for the disposal of this case lies in a very narrow compass. A fard beyan of victim boy, Rajiv Kumar (Opposite Party No. 2), aged about 10 years, was recorded in Dr. Rahman's Nursing Home, Motihari, wherein, he had alleged that in the evening of 11.09.2003 at about 6:30 P.M, while he was going to a field for easing himself, it was one Gajendra Prasad who had snatched his Lota and Gumchha and had ran away in the Cane-sugar field of Ragho Shukla and when the Opposite Party No. 2 had chased him, he was caught hold and severly assaulted and when he had tried to raise hulla, the aforesaid Gajendra Prasad pressed his mouth with his one hand and had also assaulted him with Khurpi in his other hand, as a result of which Opposite Party No. 2, had sustained injuries all over his body including his neck, head, left shoulder as well as in both wrists and palms of his hand. It has been also alleged by the Opposite Party No. 2 that while he had lost his consciousness on account of the severe assault made on his person by Gajendra Prasad who had thereafter left the place of occurrence treating Opposite Party No. 2 to be dead. It has also been stated that after he had regained consciousness and was trying to go towards his house he had again fallen down and became unconsciousness in the paddy field of Jiut Paswan and only when the next morning his family members had started searching him, they had found the Opposite Party No. 2 lying in the paddy field of Jiut Paswan and from where he was brought to Dr. Rahman's Nursing Home, Motihari, whereafter being given treatment when he had regained consciousness his fard beyan was recorded by the police. It is the fard beyan of Opposite Party No. 2 which led to institution of Muffasil P.S Case No. 184 of 2003 dated 12.09.2003 for the offences punishable under Section 341, 324, 307 and 364 of the Indian Penal Code, wherein, only Gajendra Prasad was named as an accused.