BISHWANATHTATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners, 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 Session 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 (hereinafter referred to as 'the Code') to face the trial for the offences under Sections 147, 148, 149, 307, 380 of the Indan 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 of village Gajawandba lodged a fardbeyan on 8/10/1986 at about 310 a. m. before the Officer-in-charge, Dehri Police Station, inter alia, 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 outside 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.) On the basis of the said fardbeyan Sheosagar police, within whose jurisdiction the place of occurrence fell, lodged the first information report against these four petitioners and the other named accused persons for the offence under Sections 147, 148, 149, 307, 380 of the Indian Penal Code and Section 27 of the Arms Act being Sheosagar P. S. Case No. 77/88.