ISRAIL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these references made under Section 395, Cr. P.C. by 2nd Additional Sessions Judge, West Champaran, Bettiah, were taken up together for the reason that all these references were made by a common order dated 15.7.1993 passed by the learned Additional Sessions Judge, West Champaran, Bettiah and in all these cases common question of law is involved, consequently, this common order will dispose of all these reference cases.

(2.) The facts, in short, giving rise to these references made by the AddI. Sessions Judge can be summarised that as many as five Sessions cases, namely, S. Tr. No. 133/91 under Section 364, S. Tr. No. 134/91 under Sections 448, 323, 363, 366 and 376 I.P.C. S. Tr. No. 193/93 under Sections 395 and 412, I.P.C. S. Tr. No. 242193 under Sections 399, 402, 307, 212, 216 and 400, I.P.C. and Sections 25(a), 26 and 27 of the Arms Act and S. Tr. No. 258/93 under Sections 364 and 307, I.P.C. and 27 of the Arms Act were pending before the 2nd Additional Sessions Judge for trial.

(3.) All these cases were committed to the Court of Sessions and there is no doubt about it that the learned Sessions Judge, Bettiah transferred those cases to the Court of 2nd Additional Sessions Judge for disposal. From the reference order dated. 15.7.1993 by the Court below it appears that in almost all the Sessions cases the charge-sheet was submitted before the concerned Chief Judicial Magistrate in respect of some of the accused persons and it has been mentioned that the investigation as against some of the accused persons could not be concluded as accused persons are absconding and the investigation against them are pending. The Chief Judicial Magistrate took cognizance of offence and committed the case to the Court of Sessions in respect of the accused persons against whom charge-sheet was submitted.