PRAHLAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned counsel for the petitioner and also learned counsel for Opposite Parties 1, 2 and 3.

(2.) This application under Section 482 of the Code of criminal Procedure has been filed against the order dated 22.9.2001 passed by the llnd Additional Sessions Judge, Madhubani in Sessions Trial No. 95 of 1998 whereby the trial Court has rejected the petition filed by the petitioner under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). A petition was filed by the petitioner for summoning the opposite parties 1, 2 and 3, under Section 319 of the Code to face trial, who were named in the first information report as assailants of the deceased but were not charge-sheeted and sent up for trial.

(3.) The facts in brief of the case is that Harlaki P.S. Case No. 76/97 was instituted naming Anil Singh, Pancha Mahto, Biltu Mahto and Siyabar Singh as . accused. The allegation was that when Ranjit Singh was coming across the road to take tea along with the informant, Anil Singh, Pancha Mahto, Biltu Mahto and Siyabar Singh came suddenly and Anil Singh fired from the back side on Ranjit Singh who succumbed to injuries. After killing Ranjit Singh , Biltu Mahto and Siyabar Singh asked not to spare the informant on which Pancha Mahto also assaulted the informant with chhura.