GAURI SHANKAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against an order, dated the 10th July, 1970, passed by the learned Munsif -Magistrate on a petition filed on behalf of the prosecution to adopt commitment procedure in the case which was pending against the petitioners before him. The learned Munsif Magistrate, by the impugned order, has decided to hold commitment inquiry under Chapter XVIII of the Code of Criminal Procedure, 1898 (hereinafter referred to as the "Code"). Although the charges levelled against the petitioners are not exclusively triable by a Court of Session, the learned Munsif -Magistrate has decided to hold commitment inquiry in the instant case inasmuch as its counter -case initiated at the instance of petitioner No. 4 against opposite party No. 2 Musafir Singh and others has already been committed to the Court of Session.

(2.) OPPOSITE Party No. 2 Musafir Singh made a statement on the 22nd December, 1969, at 4.15 p.m., before the Assistant Sub -Inspector of Police of Mashrak police station in the State Dispensary at Mashrak stating, inter alia, as follows : On the same day, at about 1 or 2 p.m., he, after having harvested his paddy crops, was storing them in his khalihan, when petitioners 1 to 4, along with others, came there and demanded their share and started throwing the paddy bundles, on which Musafir Singh protested. Then they assaulted him and his father with lathi and chhuri. Petitioner No. 1 was armed with a chhuri, petitioner No. 2 was armed with a pachbera and others were armed with lathis. Petitioner No. 3 assaulted him with a lathi on his head. There were assaults on both sides with chhuri and lathis. He also named the witnesses.

(3.) IT appears that petitioner No. 4 Ramadhar had also made a statement in the same dispensary on the same day at 3.55 p.m. before the same Assistant Sub -Inspector stating, inter alia, as follows : On the same day, at about 2 p.m., while he was at his khalihan weighing his paddy and his brother, petitioner No. 2 was helping him Rajendar Singh, opposite party No. 2 Musafir Singh, Gopi Singh, Rama Singh and others came there and demanded half share in the paddy, on which he said that the paddy belonged to them and they would not give it. At this, opposite party No. 2 and others started lifting the paddy which was stopped by petitioner No. 4. Thereafter, opposite party No. 2 took out a chhuri from his pocket and gave a blow in his stomach. Having received the blow, petitioner No. 4 fell on the ground. Thereafter, Rajendar Singh took out another knife and gave blows to his brothers, petitioners 1 to 3.