WAKIL DEWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Pathak Dhananjay Kumar, learned counsel for the petitioner and Shri Binod Kumar, learned Additional Public Prosecutor.

(2.) The present petition has been filed by the informant of Lauriya P.S. Case No.61 of 2007 against part of the order dated 14.8.2008 passed by Additional Sessions Judge, Fast Track Court, Bettiah in Sessions Trial No.746 of 2007, whereby the learned trial court, while partly allowing petition under Section 319 of the Code of Criminal Procedure filed by the prosecution for summoning number of accused persons, had refused to summon opposite party nos.2 and 3 to face trial along with accused persons, who were already put on trial.

(3.) Learned counsel for the petitioner submits that during the trial, three witnesses have been examined and all the three witnesses have consistently stated that besides other accused persons, opposite party nos.2 and 3 had also actively participated in the murder of the father of the informant. He submits that since evidence had already been brought on record showing complicity of opposite party nos.2 and 3, the learned trial court was required to summon opposite party nos.2 and 3 along with other accused persons, but the learned Sessions Judge, without any rhyme and reason, has not summoned opposite party nos.2 and 3 to face trial with accused persons. Learned counsel for the petitioner has specifically referred to Annexures 2,3 and 4 to the petition i.e. deposition of P.Ws.1, 2 and 3 during the trial. In this case, by order dated 21.10.2011, case diary was summoned and same has been received and is on record.