NAGESHWAR SAHAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), by petitioner Nageshwar Sahai, for a direction to the Additional Sessions Judge II, Patna, to furnish copies of the statements of the prosecution witnesses cited in the charge -sheet and recorded by the Deputy Superintendent of Police (Criminal Investigation Department) in the course of further investigation relating to the accused persons in Sessions Trial No. 36 of 1981. This application was originally placed before a single Judge of this Court and he referred the matter for hearing by a Division Bench, vide order dated 8.7.82, as the points involved in this case are whether after the submission of the charge -sheet by the officer -in -charge of the Police Station the State Government can direct an enquiry by the D.S.P., C.I.D. and whether the report submitted by the D.S.P., C.I.D. and the evidence recorded by him should be treated as further investigation in respect of the offence under Sec. 173(8) of the Code, and hence the matter has been placed before a Division Bench.

(2.) The case of the petitioner may be briefly stated. The petitioner is employed as Sec. Officer in the Public Works Department of the Government of Bihar and is posted at Patna Secretariat. The petitioner and five others are under -going a trial in the Court of Sri Om Prakash, Additional Sessions Judge II, Patna in Sessions Trial No. 36 of 1981.

(3.) According to the petitioner, the prosecution case is to the effect that on 1.2.1979 at about 4 P.M. accused Nityanand son of accused Lallan Prasad made a gesture with his hand from across the road to Kanti Devi, daughter of Rameshwar Dutt, the deceased. At about 6 P.M. the deceased accompanied by his family members went to the apartment of accused Lallan Prasad, with a view to remonstrate about the conduct of accused Nityanand. Accused Lallan Prasad was not found present at His house, but a quarrel developed between the ladles of the two families and there was. also an exchange of abuses. At about 11 P.M. accused Lallan Prasad along with his two sons, namely, Nityanand and Satyanand, his Sala Rewati Raman and some others went to the apartment of the deceased. Accused Lallan Prasad began to beat the outer door of the apartment of the deceased and as the does was at first not opened there was an exchange of hot words between accused Lallan Prasad and the deceased Rameshwar Datta. When the door was opened, accused Lallan Prasad, his two sons Nityanand and Satyanand, his Sala Rewati Raman and two or three others entered the flat of the deceased. Those who went inside the flat, began to assault the deceased Rameshwar Dutt and his son Vijoy Kumar Dutt Subsequently, accused Lallan Prasad and his son Nityanand caught hold of the deceased and pushed him down across the railing of the inner verandah. The deceased Rameshwar Dutt fell down from the second floor of the building and he died. On the next day Vijoy Kumar Dutt, the son of the deceased gave a written report about the occurrence to the office -incharge of Shashtri Nagar Police Station on the basis of which the present -case was instituted.