CHANDRA SHEKHAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and opposite party No. 2. In this case the petitioner has challenged the order dated 18.6.2011 passed by the learned District and Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 423 of 2007 by which the trial court has rejected the prayer of defence to draw the attention of the Investigating Officer on the statements of the witnesses recorded in the case diary.

(2.) Filtering the unnecessary facts, on the basis of Fardbeyan, the police registered the case against the accused persons under Sections 302, 341, 323, 452 and 379/34 of the Indian Penal Code on the statement of Rabindra Kumar Rai the case has been registered as Raja Pakar P.S. Case No. 61 of 2003. In the First Information Report allegation has been made about causing firearm injuries to the victim ultimately led to his death in the Hospital. Motive behind the occurrence as the victim refused to succumb the pressure of the accused persons to pay the extortion money (Rangdari).

(3.) The police investigated the case and during investigation recorded the statement of Parwati Devi, Indrashan Devi, Misrilal Rai, Asarfi Rai and Umesh Rai. According to the petitioner their statements are not compatible with the prosecution case. The case was investigated by Sanjay Kumar Singh, the Investigating Officer (P.W. 9). During examination-in-chief certain documents part of the case diary were proved which were marked as Exhibits 5, 6 and 7. During cross-examination the defence lawyer drew the attention of the Investigating Officer to the statements of Parwati Devi, Indrashan Devi, Mishrilal Rai, Asarfi "Rai and Umesh Rai whose statement was recorded in the case diary but the trial court refused to allow this question to be asked from the Investigating Officer.