BISHWANATH TATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petioners, four in number, have filed the present application for quashing the order dated 1 9 1992, passed by the 1st Addl. Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 234/87, arising out of Sheosagar P.S. Case No. 77/86, by which he has summoned the petitioners under Section 319 of the Code of Criminal Procedure (herein after referred to as 'the Code') to face the trial for the offences under Sections 147, 148, 149, 307, 380 of the Indian Penal Code and Section 27 of the Arms Act. At the time of admission, the learned Single Judge of this Court ordered that the application be heard by a Division Bench and that is how the matter has been placed before us for disposal.

(2.) THE facts giving rise to the present application are as follows. One Kapildeo Tato village Gajawandha lodged a fardbeyan on 8 10 1986 at about 3.10. a. m. before the Officer in charge, Dehri Police Station, alleging, inter alia,t that in the same night after taking his meal he was sleeping at his Dalan along with his son Madan Mohan Prasad At about 10. p.m. he heard some sound of whispering out side the Dalan. He flashed the torch and in the light of the same he saw accused Baban Dusadh, Kishun Dusadh, Lalsaheb Dusadh, these petitioners and other unknown persons, Petitioner Bishwanath Tato and accused. Baban Dusadh were armed with big guns and the others were armed with small guns and Bhala. Petitioner Bishwanath Tato fired towards the informant causing injury on his chest, as a result of which he fell down. After the informant fell down, the petitioner Bishwanath Tato and other accused persons entered into his Dalan and took away Radio cum tape recorder and one wrist watch and fled away towards the west.

(3.) THE police after investigation submitted chargesheet against accused Babban Dusadh, Lal Saheb Dusadh and Satyanarain Dusadh only and did not send up these petitioners. The Judicial Magistrate, 1st Class, Saran, by order dated 23 6 87 took cognizance of the offence under Sections 147, 148, 149, 307, 380 of the Indian Penal Code and Section 27 of the Arms Act and ordered for issuance of summons against those accused persons who have been charge sheeted and discharged the petitioners on the ground that they were not sent up by the police.