LAXCHAMI PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is being disposed of at the stage of admission itself.

(2.) The sole petitioner has filed the present application for quashing the order dated 21-6-1993, passed by the 11th Additional Sessions Judge, Gaya, in Sessions Trial No.18/93, 58/ 93 framing charges under Section 302 of the Indian Penal Code and Section 27 of the Arms Act against the petitioner and under Section 302/ 34, IPC against other accused person.

(3.) The facts necessary for disposal of the present application are that a fardbeyan was lodged by one Smt. Anjani Sharma at 3 p.m. on 6-7-92 with regard to an occurrence which took place near Bari Road, Marufganj Mor in the town of Gaya at 2 p.m. at the place of occurrence itself in which her Mama (maternal uncle) Ramswarath Sharma was alleged to have been murdered. The petitioner is alleged to have fired at her Mama which hit in the chest and as a result of which he died on the spot. The other accused persons were also standing there. On the basis of the Fardbeyan lodged by Smt. Anjani Sharma a first information report was lodged at Gaya Kotwali Police Station, being Case No. 141/92 and the police after investigation submitted charge-sheet under Sections 302 / 34 and Section 27 of the Arms Act against all the accused persons including the petitioner. The Chief Judicial Magistrate took cognizance and committed the case to the Court of Sessions. Thereafter the case was transferred to the Court of the 11th Additional Sessions Judge, Gaya, for trial.